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104th Congress 1st
Session HOUSE OF REPRESENTATIVES Report
104-406
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996
----------
CONFERENCE REPORT
to accompany
H.R. 1530
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
December 13, 1995.--Ordered to be printed
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996
104th Congress 1st HOUSE OF REPRESENTATIVES Report
Session
104-406
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 1996
----------
CONFERENCE REPORT
to accompany
H.R. 1530
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
December 13, 1995.--Ordered to be printed
C O N T E N T S
__________
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
Page
Title I--Procurement............................................. 554
Funding Explanations......................................... 555
Items of Special Interest.................................... 625
Legislative Provisions....................................... 626
Legislative Provisions Adopted............................... 626
Subtitle A--Authorization of Appropriations.............. 626
Subtitle B--Army Programs................................ 626
Subtitle C--Navy Programs................................ 628
Subtitle D--Air Force Programs........................... 636
Subtitle E--Chemical Demilitarization Program............ 638
Legislative Provisions Not Adopted........................... 640
Title II--Research, Development, Test, and Evaluation............ 642
Funding Explanations......................................... 643
Items of Special Interest.................................... 709
Legislative Provisions....................................... 712
Legislative Provisions Adopted............................... 712
Subtitle A--Authorization of Appropriations.............. 712
Subtitle B--Program Requirements, Restrictions, and
Limitations............................................ 713
Subtitle C--Ballistic Missile Defense Act of 1995........ 729
Subtitle D--Other Ballistic Missile Defense Provisions... 734
Subtitle E--Miscellaneous Reviews, Studies, and Reports.. 734
Subtitle F--Other Matters................................ 735
Legislative Provisions Not Adopted........................... 738
Title III--Operation and Maintenance............................. 742
Funding Explanations......................................... 743
Items of Special Interest.................................... 767
Legislative Provisions....................................... 772
Legislative Provisions Adopted............................... 772
Subtitle A--Authorization of Appropriations.............. 772
Subtitle B--Depot-Level Activities....................... 773
Subtitle C--Environmental Provisions..................... 775
Subtitle D--Commissaries and Nonappropriated Fund
Instrumentalities...................................... 777
Subtitle E--Performance of Functions by Private-Sector
Sources................................................ 781
Subtitle F--Miscellaneous Reviews, Studies, and Reports.. 783
Subtitle G--Other Matters................................ 784
Legislative Provisions Not Adopted........................... 787
Title IV--Military Personnel Authorizations...................... 794
Items of Special Interest.................................... 794
Legislative Provisions....................................... 794
Legislative Provisions Adopted............................... 794
Subtitle A--Active Forces................................ 794
Subtitle B--Reserve Forces............................... 796
Subtitle C--Military Training Student Loads.............. 798
Subtitle D--Authorization of Appropriations.............. 798
Title V--Military Personnel Policy............................... 798
Items of Special Interest.................................... 798
Legislative Provisions....................................... 799
Legislative Provisions Adopted............................... 799
Subtitle A--Officer Personnel Policy..................... 799
Subtitle B--Matters Relating to Reserve Components....... 802
Subtitle C--Decorations and Awards....................... 804
Subtitle D--Officer Education Programs................... 805
Service Academies.................................... 805
Reserve Officer Training Corps....................... 806
Subtitle E--Miscellaneous Reviews, Studies, and Reports.. 807
Subtitle F--Other Matters................................ 809
Subtitle G--Support for Non-Department of Defense
Activities............................................. 811
Legislative Provisions Not Adopted........................... 813
Title VI--Compensation and Other Personnel Benefits.............. 813
Legislative Provisions....................................... 813
Legislative Provisions Adopted............................... 813
Subtitle A--Pay and Allowances........................... 813
Subtitle B--Bonuses and Special and Incentive Pays....... 815
Subtitle C--Travel and Transportation Allowances......... 817
Subtitle D--Retired Pay, Survivor Benefits, and Related
Matters................................................ 817
Subtitle E--Other Matters................................ 819
Legislative Provisions Not Adopted........................... 820
Title VII--Health Care Provisions................................ 821
Items of Special Interest.................................... 821
Legislative Provisions....................................... 821
Legislative Provisions Adopted............................... 821
Subtitle A--Health Care Services......................... 821
Subtitle B--TRICARE Program.............................. 822
Subtitle C--Uniformed Services Treatment Facilities...... 824
Subtitle D--Other Changes to Existing Laws Regarding
Health Care Management................................. 826
Subtitle E--Other Matters................................ 827
Legislative Provisions Not Adopted........................... 830
Title VIII--Acquisition Policy, Acquisition Management, and
Related Matters................................................ 830
Items of Special Interest.................................... 830
Legislative Provisions....................................... 831
Legislative Provisions Adopted............................... 831
Subtitle A--Acquisition Reform........................... 831
Subtitle B--Other Matters................................ 834
Legislative Provisions Not Adopted........................... 835
Title IX--Department of Defense Organization and Management...... 836
Legislative Provisions....................................... 836
Legislative Provisions Adopted............................... 836
Subtitle A--General Matters.............................. 836
Subtitle B--Financial Management......................... 838
Legislative Provisions Not Adopted........................... 840
Title X--General Provisions...................................... 841
Items of Special Interest.................................... 841
Legislative Provisions....................................... 842
Legislative Provisions Adopted............................... 842
Subtitle A--Financial Matters............................ 842
Subtitle B--Naval Vessels and Shipyards.................. 844
Subtitle C--Counter-Drug Activities...................... 848
Subtitle D--Civilian Personnel........................... 850
Subtitle E--Miscellaneous Reporting Requirements......... 852
Subtitle F--Repeal of Certain Reporting and Other
Requirements and Authorities........................... 853
Subtitle G--Department of Defense Education Programs..... 854
Subtitle H--Other Matters................................ 856
Legislative Provisions Not Adopted........................... 859
Title XI--Uniform Code of Military Justice....................... 862
Legislative Provisions....................................... 862
Legislative Provisions Adopted............................... 862
Subtitle A--Offenses..................................... 862
Subtitle B--Sentences.................................... 862
Subtitle C--Pretrial and Post-Trial Actions.............. 863
Subtitle D--Appellate Matters............................ 864
Subtitle E--Other Matters................................ 865
Legislative Provisions Not Adopted........................... 865
Title XII--Cooperative Threat Reduction With States of Former
Soviet Union................................................... 866
Legislative Provisions....................................... 866
Legislative Provisions Adopted............................... 866
Title XIII--Matters Relating to Other Nations.................... 868
Items of Special Interest.................................... 868
Legislative Provisions....................................... 869
Legislative Provisions Adopted............................... 869
Subtitle A--Peacekeeping Provisions...................... 869
Subtitle B--Humanitarian Assistance Programs............. 870
Subtitle C--Arms Exports and Military Assistance......... 871
Subtitle D--Burdensharing and Other Cooperative
Activities Involving Allies and NATO................... 874
Subtitle E--Other Matters................................ 875
Title XIV--Arms Control Matters.................................. 876
Legislative Provisions....................................... 876
Legislative Provisions Adopted............................... 876
Title XV--Technical and Clerical Amendments...................... 882
Legislative Provisions....................................... 882
Legislative Provisions Adopted............................... 882
Title XVI--Corporation for the Promotion of Rifle Practice and
Firearms Safety................................................ 882
Legislative Provisions....................................... 882
Legislative Provisions Adopted............................... 882
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Title XXI--Army.................................................. 902
Legislative Provisions....................................... 902
Legislative Provisions Adopted............................... 902
Legislative Provisions Not Adopted........................... 903
Title XXII--Navy................................................. 903
Legislative Provisions....................................... 904
Legislative Provisions Adopted............................... 904
Title XXIII--Air Force........................................... 905
Items of Special Interest.................................... 905
Legislative Provisions....................................... 906
Legislative Provisions Adopted............................... 906
Legislative Provisions Not Adopted........................... 906
Title XXIV--Defense Agencies..................................... 906
Legislative Provisions....................................... 907
Legislative Provisions Adopted............................... 907
Legislative Provisions Not Adopted........................... 908
Title XXV--North Atlantic Treaty Organization Infrastructure..... 908
Legislative Provisions....................................... 908
Legislative Provisions Adopted............................... 908
Title XXVI--Guard and Reserve Forces Facilities.................. 909
Legislative Provisions....................................... 909
Legislative Provisions Adopted............................... 909
Title XXVIII--General Provisions................................. 910
Items of Special Interest.................................... 910
Legislative Provisions....................................... 910
Legislative Provisions Adopted............................... 910
Subtitle A--Military Housing Privatization Initiative.... 910
Subtitle B--Other Military Construction Program and
Military Family Housing Changes........................ 911
Subtitle C--Defense Base Closure and Realignment......... 914
Subtitle D--Land Conveyances Generally................... 917
Part I--ARMY CONVEYANCES............................. 917
Part II--NAVY CONVEYANCES............................ 922
Part III--AIR FORCE CONVEYANCES...................... 925
Subtitle E--Land Conveyances Involving Utilities......... 926
Subtitle F--Other Matters................................ 927
Legislative Provisions Not Adopted........................... 929
Title XXIX--Land Conveyances Involving Joliet Army Ammunition
Plant.......................................................... 930
Legislative Provisions....................................... 930
Legislative Provisions Adopted............................... 930
Conversion of Joliet Army Ammunition Plant to Midewin
National Tallgrass Prairie............................. 930
Other Land Conveyances Involving Joliet Army Ammunition
Plant.................................................. 931
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS
Title XXXI--Department of Energy National Security Programs...... 932
Legislative Provisions....................................... 953
Legislative Provisions Adopted............................... 953
Subtitle A--National Security Programs Authorizations.... 953
Subtitle B--Recurring General Provisions................. 959
Subtitle C--Program Authorizations, Restrictions, and
Limitations............................................ 961
Subtitle D--Other Matters................................ 966
Legislative Provisions Not Adopted........................... 969
Title XXXII--Defense Nuclear Facilities Safety Board............. 971
Legislative Provisions....................................... 971
Legislative Provisions Adopted............................... 971
Title XXXIII--National Defense Stockpile......................... 971
Legislative Provisions....................................... 971
Legislative Provisions Adopted............................... 971
Subtitle A--Authorization of Disposals and Use of Funds.. 971
Subtitle B--Programmatic Change.......................... 972
Legislative Provisions Not Adopted........................... 972
Title XXXIV--Naval Petroleum Reserves............................ 972
Legislative Provisions....................................... 972
Legislative Provisions Adopted............................... 972
Subtitle A--Administration of Naval Petroleum Reserves... 972
Subtitle B--Sale of Naval Petroleum Reserve.............. 973
Title XXXV--Panama Canal Commission.............................. 974
Legislative Provisions....................................... 974
Legislative Provisions Adopted............................... 974
DIVISION D--FEDERAL ACQUISITION REFORM
Title XLI--Competition........................................... 975
Legislative Provisions....................................... 975
Legislative Provisions Adopted............................... 975
Title XLII--Commercial Items..................................... 976
Title XLIII--Additional Reform Provisions........................ 978
Subtitle A--Additional Acquisition Reform Provisions..... 978
Subtitle B--Technical Amendments......................... 981
Title XLIV--Effective Dates and Implementation................... 981
DIVISION E--INFORMATION TECHNOLOGY MANAGEMENT REFORM
Title LI--Responsibility for Acquisitions of Information
Technology..................................................... 984
Legislative Provisions....................................... 982
Legislative Provisions Adopted............................... 982
Subtitle A--General Authority............................ 984
Subtitle B--Director of the Office of Management and
Budget................................................. 984
Subtitle C--Executive Agencies........................... 986
Subtitle D--Other Responsibilities....................... 988
Subtitle E--National Security Systems.................... 989
Title LII--Process for Acquisitions of Information Technology.... 989
Title LIII--Information Technology Acquisition Pilot Programs.... 989
Subtitle A--Conduct of Pilot Programs.................... 989
Subtitle B--Specific Pilot Programs...................... 989
Title LIV--Additional Information Resources Management Matters... 990
Title LV--Procurement Protest Authority of the Comptroller
General........................................................ 991
Title LVI--Conforming and Clerical Amendments.................... 991
Title LVII--Effective Date, Savings Provisions, and Rules of
Construction................................................... 991
104th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 104-406
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996
_______
December 13, 1995.--Ordered to be printed
_______________________________________________________________________
Mr. Spence, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 1530]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
1530), to authorize appropriations for fiscal year 1996 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of
Energy, to prescribe personnel strengths for such fiscal year
for the Armed Forces, and for other purposes, having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 1996''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into five divisions
as follows:
(1) Division A--Department of Defense
Authorizations.
(2) Division B--Military Construction
Authorizations.
(3) Division C--Department of Energy National
Security Authorizations and Other Authorizations.
(4) Division D--Federal Acquisition Reform.
(5) Division E--Information Technology Management
Reform.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health programs.
Subtitle B--Army Programs
Sec. 111. Procurement of OH-58D Armed Kiowa Warrior helicopters.
Sec. 112. Repeal of requirements for armored vehicle upgrades.
Sec. 113. Multiyear procurement of helicopters.
Sec. 114. Report on AH-64D engine upgrades.
Sec. 115. Requirement for use of previously authorized multiyear
procurement authority for Army small arms procurement.
Subtitle C--Navy Programs
Sec. 131. Nuclear attack submarines.
Sec. 132. Research for advanced submarine technology.
Sec. 133. Cost limitation for Seawolf submarine program.
Sec. 134. Repeal of prohibition on backfit of Trident submarines.
Sec. 135. Arleigh Burke class destroyer program.
Sec. 136. Acquisition program for crash attenuating seats.
Sec. 137. T-39N trainer aircraft.
Sec. 138. Pioneer unmanned aerial vehicle program.
Subtitle D--Air Force Programs
Sec. 141. B-2 aircraft program.
Sec. 142. Procurement of B-2 bombers.
Sec. 143. MC-130H aircraft program.
Subtitle E--Chemical Demilitarization Program
Sec. 151. Repeal of requirement to proceed expeditiously with
development of chemical demilitarization cryofracture facility
at Tooele Army Depot, Utah.
Sec. 152. Destruction of existing stockpile of lethal chemical agents
and munitions.
Sec. 153. Administration of chemical demilitarization program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Sec. 203. Modifications to Strategic Environmental Research and
Development Program.
Sec. 204. Defense dual use technology initiative.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Tactical manned reconnaissance.
Sec. 213. Joint Advanced Strike Technology (JAST) program.
Sec. 214. Development of laser program.
Sec. 215. Navy mine countermeasures program.
Sec. 216. Space-based infrared system.
Sec. 217. Defense Nuclear Agency programs.
Sec. 218. Counterproliferation support program.
Sec. 219. Nonlethal weapons study.
Sec. 220. Federally funded research and development centers and
university-affiliated research centers.
Sec. 221. Joint seismic program and global seismic network.
Sec. 222. Hydra-70 rocket product improvement program.
Sec. 223. Limitation on obligation of funds until receipt of electronic
combat consolidation master plan.
Sec. 224. Obligation of certain funds delayed until receipt of report on
science and technology rescissions.
Sec. 225. Obligation of certain funds delayed until receipt of report on
reductions in research, development, test, and evaluation.
Sec. 226. Advanced Field Artillery System (Crusader).
Sec. 227. Demilitarization of conventional munitions, rockets, and
explosives.
Sec. 228. Defense Airborne Reconnaissance program.
Subtitle C--Ballistic Missile Defense Act of 1995
Sec. 231. Short title.
Sec. 232. Findings.
Sec. 233. Ballistic Missile Defense policy.
Sec. 234. Theater Missile Defense architecture.
Sec. 235. National Missile Defense system architecture.
Sec. 236. Policy regarding the ABM Treaty.
Sec. 237. Prohibition on use of funds to implement an international
agreement concerning Theater Missile Defense systems.
Sec. 238. Ballistic Missile Defense cooperation with allies.
Sec. 239. ABM Treaty defined.
Sec. 240. Repeal of Missile Defense Act of 1991.
Subtitle D--Other Ballistic Missile Defense Provisions
Sec. 251. Ballistic Missile Defense program elements.
Sec. 252. Testing of Theater Missile Defense interceptors.
Sec. 253. Repeal of missile defense provisions.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
Sec. 261. Precision-guided munitions.
Sec. 262. Review of C<SUP>4I by National Research Council.
Sec. 263. Analysis of consolidation of basic research accounts of
military departments.
Sec. 264. Change in reporting period from calendar year to fiscal year
for annual report on certain contracts to colleges and
universities.
Sec. 265. Aeronautical research and test capabilities assessment.
Subtitle F--Other Matters
Sec. 271. Advanced lithography program.
Sec. 272. Enhanced fiber optic guided missile (EFOG-M) system.
Sec. 273. States eligible for assistance under Defense Experimental
Program To Stimulate Competitive Research.
Sec. 274. Cruise missile defense initiative.
Sec. 275. Modification to university research initiative support
program.
Sec. 276. Manufacturing technology program.
Sec. 277. Five-year plan for consolidation of defense laboratories and
test and evaluation centers.
Sec. 278. Limitation on T-38 avionics upgrade program.
Sec. 279. Global Positioning System.
Sec. 280. Revision of authority for providing Army support for the
National Science Center for Communications and Electronics.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Civil Air Patrol.
Subtitle B--Depot-Level Activities
Sec. 311. Policy regarding performance of depot-level maintenance and
repair for the Department of Defense.
Sec. 312. Management of depot employees.
Sec. 313. Extension of authority for aviation depots and naval shipyards
to engage in defense-related production and services.
Sec. 314. Modification of notification requirement regarding use of core
logistics functions waiver.
Subtitle C--Environmental Provisions
Sec. 321. Revision of requirements for agreements for services under
environmental restoration program.
Sec. 322. Addition of amounts creditable to Defense Environmental
Restoration Account.
Sec. 323. Use of Defense Environmental Restoration Account.
Sec. 324. Revision of authorities relating to restoration advisory
boards.
Sec. 325. Discharges from vessels of the Armed Forces.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 331. Operation of commissary system.
Sec. 332. Limited release of commissary stores sales information to
manufacturers, distributors, and other vendors doing business
with Defense Commissary Agency.
Sec. 333. Economical distribution of distilled spirits by
nonappropriated fund instrumentalities.
Sec. 334. Transportation by commissaries and exchanges to overseas
locations.
Sec. 335. Demonstration project for uniform funding of morale, welfare,
and recreation activities at certain military installations.
Sec. 336. Operation of combined exchange and commissary stores.
Sec. 337. Deferred payment programs of military exchanges.
Sec. 338. Availability of funds to offset expenses incurred by Army and
Air Force Exchange Service on account of troop reductions in
Europe.
Sec. 339. Study regarding improving efficiencies in operation of
military exchanges and other morale, welfare, and recreation
activities and commissary stores.
Sec. 340. Repeal of requirement to convert ships' stores to
nonappropriated fund instrumentalities.
Sec. 341. Disposition of excess morale, welfare, and recreation funds.
Sec. 342. Clarification of entitlement to use of morale, welfare, and
recreation facilities by members of reserve components and
dependents.
Subtitle E--Performance of Functions by Private-Sector Sources
Sec. 351. Competitive procurement of printing and duplication services.
Sec. 352. Direct vendor delivery system for consumable inventory items
of Department of Defense.
Sec. 353. Payroll, finance, and accounting functions of the Department
of Defense.
Sec. 354. Demonstration program to identify overpayments made to
vendors.
Sec. 355. Pilot program on private operation of defense dependents'
schools.
Sec. 356. Program for improved travel process for the Department of
Defense.
Sec. 357. Increased reliance on private-sector sources for commercial
products and services.
Subtitle F--Miscellaneous Reviews, Studies, and Reports
Sec. 361. Quarterly readiness reports.
Sec. 362. Restatement of requirement for semiannual reports to Congress
on transfers from high-priority readiness appropriations.
Sec. 363. Report regarding reduction of costs associated with contract
management oversight.
Sec. 364. Reviews of management of inventory control points and Material
Management Standard System.
Sec. 365. Report on private performance of certain functions performed
by military aircraft.
Sec. 366. Strategy and report on automated information systems of
Department of Defense.
Subtitle G--Other Matters
Sec. 371. Codification of Defense Business Operations Fund.
Sec. 372. Clarification of services and property that may be exchanged
to benefit the historical collection of the Armed Forces.
Sec. 373. Prohibition on capital lease for Defense Business Management
University.
Sec. 374. Permanent authority for use of proceeds from the sale of
certain lost, abandoned, or unclaimed property.
Sec. 375. Sale of military clothing and subsistence and other supplies
of the Navy and Marine Corps.
Sec. 376. Personnel services and logistical support for certain
activities held on military installations.
Sec. 377. Retention of monetary awards.
Sec. 378. Provision of equipment and facilities to assist in emergency
response actions.
Sec. 379. Report on Department of Defense military and civil defense
preparedness to respond to emergencies resulting from a
chemical, biological, radiological, or nuclear attack.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Temporary variation in DOPMA authorized end strength
limitations for active duty Air Force and Navy officers in
certain grades.
Sec. 403. Certain general and flag officers awaiting retirement not to
be counted.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. Counting of certain active component personnel assigned in
support of reserve component training.
Sec. 414. Increase in number of members in certain grades authorized to
serve on active duty in support of the Reserves.
Sec. 415. Reserves on active duty in support of cooperative threat
reduction programs not to be counted.
Sec. 416. Reserves on active duty for military-to-military contacts and
comparable activities not to be counted.
Subtitle C--Military Training Student Loads
Sec. 421. Authorization of training student loads.
Subtitle D--Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
Sec. 432. Authorization for increase in active-duty end strengths.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Joint officer management.
Sec. 502. Retired grade for officers in grades above major general and
rear admiral
Sec. 503. Wearing of insignia for higher grade before promotion.
Sec. 504. Authority to extend transition period for officers selected
for early retirement.
Sec. 505. Army officer manning levels.
Sec. 506. Authority for medical department officers other than
physicians to be appointed as Surgeon General.
Sec. 507. Deputy Judge Advocate General of the Air Force.
Sec. 508. Authority for temporary promotions for certain Navy
lieutenants with critical skills.
Sec. 509. Retirement for years of service of Directors of Admissions of
Military and Air Force academies.
Subtitle B--Matters Relating to Reserve Components
Sec. 511. Extension of certain Reserve officer management authorities.
Sec. 512. Mobilization income insurance program for members of Ready
Reserve.
Sec. 513. Military technician full-time support program for Army and Air
Force reserve components.
Sec. 514. Revisions to Army Guard Combat Reform Initiative to include
Army Reserve under certain provisions and make certain
revisions.
Sec. 515. Active duty associate unit responsibility.
Sec. 516. Leave for members of reserve components performing public
safety duty.
Sec. 517. Department of Defense funding for National Guard participation
in joint disaster and emergency assistance exercises.
Subtitle C--Decorations and Awards
Sec. 521. Award of Purple Heart to persons wounded while held as
prisoners of war before April 25, 1962.
Sec. 522. Authority to award decorations recognizing acts of valor
performed in combat during the Vietnam conflict.
Sec. 523. Military intelligence personnel prevented by secrecy from
being considered for decorations and awards.
Sec. 524. Review regarding upgrading of Distinguished-Service Crosses
and Navy Crosses awarded to Asian-Americans and Native
American Pacific Islanders for World War II service.
Sec. 525. Eligibility for Armed Forces Expeditionary Medal based upon
service in El Salvador.
Sec. 526. Procedure for consideration of military decorations not
previously submitted in timely fashion.
Subtitle D--Officer Education Programs
Part I--Service Academies
Sec. 531. Revision of service obligation for graduates of the service
academies.
Sec. 532. Nominations to service academies from Commonwealth of the
Northern Marianas Islands.
Sec. 533. Repeal of requirement for athletic director and
nonappropriated fund account for the athletics programs at the
service academies.
Sec. 534. Repeal of requirement for program to test privatization of
service academy preparatory schools.
Part II--Reserve Officer Training Corps
Sec. 541. ROTC access to campuses.
Sec. 542. ROTC scholarships for the National Guard.
Sec. 543. Delay in reorganization of Army ROTC regional headquarters
structure.
Sec. 544. Duration of field training or practice cruise required under
the Senior ROTC program.
Sec. 545. Active duty officers detailed to ROTC duty at senior military
colleges to serve as Commandant and Assistant Commandant of
Cadets and as tactical officers.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
Sec. 551. Report concerning appropriate forum for judicial review of
Department of Defense personnel actions.
Sec. 552. Comptroller General review of proposed Army end strength
allocations.
Sec. 553. Report on manning status of highly deployable support units.
Sec. 554. Review of system for correction of military records.
Sec. 555. Report on the consistency of reporting of fingerprint cards
and final disposition forms to the Federal Bureau of
Investigation.
Subtitle F--Other Matters
Sec. 561. Equalization of accrual of service credit for officers and
enlisted members.
Sec. 562. Army ranger training.
Sec. 563. Separation in cases involving extended confinement.
Sec. 564. Limitations on reductions in medical personnel.
Sec. 565. Sense of Congress concerning personnel tempo rates.
Sec. 566. Separation benefits during force reduction for officers of
commissioned corps of National Oceanic and Atmospheric
Administration.
Sec. 567. Discharge of members of the Armed Forces who have the HIV-1
virus.
Sec. 568. Revision and codification of Military Family Act and Military
Child Care Act.
Sec. 569. Determination of whereabouts and status of missing persons.
Sec. 570. Associate Director of Central Intelligence for Military
Support.
Subtitle G--Support for Non-Department of Defense Activities
Sec. 571. Repeal of certain civil-military programs.
Sec. 572. Training activities involving support and services for
eligible organizations and activities outside the Department
of Defense.
Sec. 573. National Guard civilian youth opportunities pilot program.
Sec. 574. Termination of funding for Office of Civil-Military Programs
in Office of the Secretary of Defense.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1996.
Sec. 602. Limitation on basic allowance for subsistence for members
residing without dependents in Government quarters.
Sec. 603. Election of basic allowance for quarters instead of assignment
to inadequate quarters.
Sec. 604. Payment of basic allowance for quarters to members in pay
grade E-6 who are assigned to sea duty.
Sec. 605. Limitation on reduction of variable housing allowance for
certain members.
Sec. 606. Clarification of limitation on eligibility for family
separation allowance.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses for reserve forces.
Sec. 612. Extension of certain bonuses and special pay for nurse officer
candidates, registered nurses, and nurse anesthetists.
Sec. 613. Extension of authority relating to payment of other bonuses
and special pays.
Sec. 614. Codification and extension of special pay for critically short
wartime health specialists in the Selected Reserves.
Sec. 615. Hazardous duty incentive pay for warrant officers and enlisted
members serving as air weapons controllers.
Sec. 616. Aviation career incentive pay.
Sec. 617. Clarification of authority to provide special pay for nurses.
Sec. 618. Continuous entitlement to career sea pay for crew members of
ships designated as tenders.
Sec. 619. Increase in maximum rate of special duty assignment pay for
enlisted members serving as recruiters.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Repeal of requirement regarding calculation of allowances on
basis of mileage tables.
Sec. 622. Departure allowances.
Sec. 623. Transportation of nondependent child from member's station
overseas after loss of dependent status while overseas.
Sec. 624. Authorization of dislocation allowance for moves in connection
with base realignments and closures.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 631. Effective date for military retiree cost-of-living adjustments
for fiscal years 1996, 1997, and 1998.
Sec. 632. Denial of non-regular service retired pay for Reserves
receiving certain court-martial sentences.
Sec. 633. Report on payment of annuities for certain military surviving
spouses.
Sec. 634. Payment of back quarters and subsistence allowances to World
War II veterans who served as guerilla fighters in the
Philippines.
Sec. 635. Authority for relief from previous overpayments under minimum
income widows program.
Sec. 636. Transitional compensation for dependents of members of the
Armed Forces separated for dependent abuse.
Subtitle E--Other Matters
Sec. 641. Payment to survivors of deceased members for all leave
accrued.
Sec. 642. Repeal of reporting requirements regarding compensation
matters.
Sec. 643. Recoupment of administrative expenses in garnishment actions.
Sec. 644. Report on extending to junior noncommissioned officers
privileges provided for senior noncommissioned officers.
Sec. 645. Study regarding joint process for determining location of
recruiting stations.
Sec. 646. Automatic maximum coverage under Servicemen's Group Life
Insurance.
Sec. 647. Termination of Servicemen's Group Life Insurance for members
of the Ready Reserve who fail to pay premiums.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Modification of requirements regarding routine physical
examinations and immunizations under CHAMPUS.
Sec. 702. Correction of inequities in medical and dental care and death
and disability benefits for certain Reserves.
Sec. 703. Medical care for surviving dependents of retired Reserves who
die before age 60.
Sec. 704. Medical and dental care for members of the Selected Reserve
assigned to early deploying units of the Army Selected
Reserve.
Sec. 705. Dental insurance for members of the Selected Reserve.
Sec. 706. Permanent authority to carry out specialized treatment
facility program.
Subtitle B--TRICARE Program
Sec. 711. Definition of TRICARE program.
Sec. 712. Priority use of military treatment facilities for persons
enrolled in managed care initiatives.
Sec. 713. Staggered payment of enrollment fees for TRICARE program.
Sec. 714. Requirement of budget neutrality for TRICARE program to be
based on entire program.
Sec. 715. Training in health care management and administration for
TRICARE lead agents.
Sec. 716. Pilot program of individualized residential mental health
services.
Sec. 717. Evaluation and report on TRICARE program effectiveness.
Sec. 718. Sense of Congress regarding access to health care under
TRICARE program for covered beneficiaries who are medicare
eligible.
Subtitle C--Uniformed Services Treatment Facilities
Sec. 721. Delay of termination of status of certain facilities as
Uniformed Services Treatment Facilities.
Sec. 722. Limitation on expenditures to support Uniformed Services
Treatment Facilities.
Sec. 723. Application of CHAMPUS payment rules in certain cases.
Sec. 724. Application of Federal Acquisition Regulation to participation
agreements with Uniformed Services Treatment Facilities.
Sec. 725. Development of plan for integrating Uniformed Services
Treatment Facilities in managed care programs of Department of
Defense.
Sec. 726. Equitable implementation of uniform cost sharing requirements
for Uniformed Services Treatment Facilities.
Sec. 727. Elimination of unnecessary annual reporting requirement
regarding Uniformed Services Treatment Facilities.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Maximum allowable payments to individual health-care providers
under CHAMPUS.
Sec. 732. Notification of certain CHAMPUS covered beneficiaries of loss
of CHAMPUS eligibility.
Sec. 733. Personal services contracts for medical treatment facilities
of the Coast Guard.
Sec. 734. Identification of third-party payer situations.
Sec. 735. Redesignation of Military Health Care Account as Defense
Health Program Account and two-year availability of certain
account funds.
Sec. 736. Expansion of financial assistance program for health-care
professionals in reserve components to include dental
specialties.
Sec. 737. Applicability of limitation on prices of pharmaceuticals
procured for the Coast Guard.
Sec. 738. Restriction on use of Department of Defense facilities for
abortions.
Subtitle E--Other Matters
Sec. 741. Triservice nursing research.
Sec. 742. Termination of program to train military psychologists to
prescribe psychotropic medications.
Sec. 743. Waiver of collection of payments due from certain persons
unaware of loss of CHAMPUS eligibility.
Sec. 744. Demonstration program to train military medical personnel in
civilian shock trauma units.
Sec. 745. Study regarding Department of Defense efforts to determine
appropriate force levels of wartime medical personnel.
Sec. 746. Report on improved access to military health care for covered
beneficiaries entitled to medicare.
Sec. 747. Report on effect of closure of Fitzsimons Army Medical Center,
Colorado, on provision of care to military personnel, retired
military personnel, and their dependents.
Sec. 748. Sense of Congress on continuity of health care services for
covered beneficiaries adversely affected by closures of
military medical treatment facilities.
Sec. 749. State recognition of military advance medical directives.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Reform
Sec. 801. Inapplicability of limitation on expenditure of appropriations
to contracts at or below simplified acquisition threshold.
Sec. 802. Authority to delegate contracting authority.
Sec. 803. Quality control in procurements of critical aircraft and ship
spare parts.
Sec. 804. Fees for certain testing services.
Sec. 805. Coordination and communication of defense research activities.
Sec. 806. Addition of certain items to domestic source limitation.
Sec. 807. Encouragement of use of leasing authority.
Sec. 808. Cost reimbursement rules for indirect costs attributable to
private sector work of defense contractors.
Sec. 809. Subcontracts for ocean transportation services.
Sec. 810. Prompt resolution of audit recommendations.
Sec. 811. Test program for negotiation of comprehensive subcontracting
plans.
Sec. 812. Procurement of items for experimental or test purposes.
Sec. 813. Use of funds for acquisition of designs, processes, technical
data, and computer software.
Sec. 814. Independent cost estimates for major defense acquisition
programs.
Sec. 815. Construction, repair, alteration, furnishing, and equipping of
naval vessels.
Subtitle B--Other Matters
Sec. 821. Procurement technical assistance programs.
Sec. 822. Defense facility-wide pilot program.
Sec. 823. Treatment of Department of Defense cable television franchise
agreements.
Sec. 824. Extension of pilot mentor-protege program.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General Matters
Sec. 901. Organization of the Office of the Secretary of Defense.
Sec. 902. Reduction in number of Assistant Secretary of Defense
positions.
Sec. 903. Deferred repeal of various statutory positions and offices in
Office of the Secretary of Defense.
Sec. 904. Redesignation of the position of Assistant to the Secretary of
Defense for Atomic Energy.
Sec. 905. Joint Requirements Oversight Council.
Sec. 906. Restructuring of Department of Defense acquisition
organization and workforce.
Sec. 907. Report on Nuclear Posture Review and on plans for nuclear
weapons management in event of abolition of Department of
Energy.
Sec. 908. Redesignation of Advanced Research Projects Agency.
Sec. 909. Naval nuclear propulsion program.
Subtitle B--Financial Management
Sec. 911. Transfer authority regarding funds available for foreign
currency fluctuations.
Sec. 912. Defense Modernization Account.
Sec. 913. Designation and liability of disbursing and certifying
officials.
Sec. 914. Fisher House trust funds.
Sec. 915. Limitation on use of authority to pay for emergency and
extraordinary expenses.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Improved funding mechanisms for unbudgeted operations.
Sec. 1004. Operation Provide Comfort.
Sec. 1005. Operation Enhanced Southern Watch.
Sec. 1006. Authority for obligation of certain unauthorized fiscal year
1995 defense appropriations.
Sec. 1007. Authorization of prior emergency supplemental appropriations
for fiscal year 1995.
Sec. 1008. Authorization reductions to reflect savings from revised
economic assumptions.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Iowa class battleships.
Sec. 1012. Transfer of naval vessels to certain foreign countries.
Sec. 1013. Contract options for LMSR vessels.
Sec. 1014. National Defense Reserve Fleet.
Sec. 1015. Naval salvage facilities.
Sec. 1016. Vessels subject to repair under phased maintenance contracts.
Sec. 1017. Clarification of requirements relating to repairs of vessels.
Sec. 1018. Sense of Congress concerning naming of amphibious ships.
Sec. 1019. Sense of Congress concerning naming of naval vessel.
Sec. 1020. Transfer of riverine patrol craft.
Subtitle C--Counter-Drug Activities
Sec. 1021. Revision and clarification of authority for Federal support
of drug interdiction and counter-drug activities of the
National Guard.
Sec. 1022. National Drug Intelligence Center.
Subtitle D--Civilian Personnel
Sec. 1031. Management of Department of Defense civilian personnel.
Sec. 1032. Conversion of military positions to civilian positions.
Sec. 1033. Elimination of 120-day limitation on details of certain
employees.
Sec. 1034. Authority for civilian employees of Department of Defense to
participate voluntarily in reductions in force.
Sec. 1035. Authority to pay severance payments in lump sums.
Sec. 1036. Continued health insurance coverage.
Sec. 1037. Revision of authority for appointments of involuntarily
separated military reserve technicians.
Sec. 1038. Wearing of uniform by National Guard technicians.
Sec. 1039. Military leave for military reserve technicians for certain
duty overseas.
Sec. 1040. Personnel actions involving employees of nonappropriated fund
instrumentalities.
Sec. 1041. Coverage of nonappropriated fund employees under authority
for flexible and compressed work schedules.
Sec. 1042. Limitation on provision of overseas living quarters
allowances for nonappropriated fund instrumentality employees.
Sec. 1043. Elections relating to retirement coverage.
Sec. 1044. Extension of temporary authority to pay civilian employees
with respect to the evacuation from Guantanamo, Cuba.
Subtitle E--Miscellaneous Reporting Requirements
Sec. 1051. Report on fiscal year 1997 budget submission regarding Guard
and reserve components.
Sec. 1052. Report on desirability and feasibility of providing authority
for use of funds derived from recovered losses resulting from
contractor fraud.
Sec. 1053. Report on national policy on protecting the national
information infrastructure against strategic attacks.
Sec. 1054. Report on Department of Defense boards and commissions.
Sec. 1055. Date for submission of annual report on special access
programs.
Subtitle F--Repeal of Certain Reporting and Other Requirements and
Authorities
Sec. 1061. Miscellaneous provisions of law.
Sec. 1062. Reports required by title 10, United States Code.
Sec. 1063. Reports required by defense authorization and appropriations
Acts.
Sec. 1064. Reports required by other provisions of law.
Subtitle G--Department of Defense Education Programs
Sec. 1071. Continuation of Uniformed Services University of the Health
Sciences.
Sec. 1072. Additional graduate schools and programs at Uniformed
Services University of the Health Sciences.
Sec. 1073. Funding for adult education programs for military personnel
and dependents outside the United States.
Sec. 1074. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of
Defense civilian employees.
Sec. 1075. Sharing of personnel of Department of Defense domestic
dependent schools and defense dependents' education system.
Sec. 1076. Increase in reserve component Montgomery GI Bill educational
assistance allowance with respect to skills or specialties for
which there is a critical shortage of personnel.
Sec. 1077. Date for annual report on reserve component Montgomery GI
Bill educational assistance program.
Sec. 1078. Scope of education programs of Community College of the Air
Force.
Sec. 1079. Amendments to education loan repayment programs.
Subtitle H--Other Matters
Sec. 1081. National defense technology and industrial base, defense
reinvestment, and defense conversion programs.
Sec. 1082. Ammunition industrial base.
Sec. 1083. Policy concerning excess defense industrial capacity.
Sec. 1084. Sense of Congress concerning access to secondary school
student information for recruiting purposes.
Sec. 1085. Disclosure of information concerning unaccounted for United
States personnel from the Korean Conflict, the Vietnam era,
and the Cold War.
Sec. 1086. Operational support airlift aircraft fleet.
Sec. 1087. Civil Reserve Air Fleet.
Sec. 1088. Damage or loss to personal property due to emergency
evacuation or extraordinary circumstances.
Sec. 1089. Authority to suspend or terminate collection actions against
deceased members.
Sec. 1090. Check cashing and exchange transactions for dependents of
United States Government personnel.
Sec. 1091. Designation of National Maritime Center.
Sec. 1092. Sense of Congress regarding historic preservation of Midway
Islands.
Sec. 1093. Sense of Senate regarding Federal spending.
Sec. 1094. Extension of authority for vessel war risk insurance.
TITLE XI--UNIFORM CODE OF MILITARY JUSTICE
Sec. 1101. Short title.
Sec. 1102. References to Uniform Code of Military Justice.
Subtitle A--Offenses
Sec. 1111. Refusal to testify before court-martial.
Sec. 1112. Flight from apprehension.
Sec. 1113. Carnal knowledge.
Subtitle B--Sentences
Sec. 1121. Effective date for forfeitures of pay and allowances and
reductions in grade by sentence of court-martial.
Sec. 1122. Required forfeiture of pay and allowances during confinement.
Sec. 1123. Deferment of confinement.
Subtitle C--Pretrial and Post-Trial Actions
Sec. 1131. Article 32 investigations.
Sec. 1132. Submission of matters to the convening authority for
consideration.
Sec. 1133. Commitment of accused to treatment facility by reason of lack
of mental capacity or mental responsibility.
Subtitle D--Appellate Matters
Sec. 1141. Appeals by the United States.
Sec. 1142. Repeal of termination of authority for Chief Justice of
United States to designate Article III judges for temporary
service on Court of Appeals for the Armed Forces.
Subtitle E--Other Matters
Sec. 1151. Advisory committee on criminal law jurisdiction over
civilians accompanying the Armed Forces in time of armed
conflict.
Sec. 1152. Time after accession for initial instruction in the Uniform
Code of Military Justice.
Sec. 1153. Technical amendment.
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1201. Specification of Cooperative Threat Reduction programs.
Sec. 1202. Fiscal year 1996 funding allocations.
Sec. 1203. Prohibition on use of funds for peacekeeping exercises and
related activities with Russia.
Sec. 1204. Revision to authority for assistance for weapons destruction.
Sec. 1205. Prior notice to Congress of obligation of funds.
Sec. 1206. Report on accounting for United States assistance.
Sec. 1207. Limitation on assistance to nuclear weapons scientists of
former Soviet Union.
Sec. 1208. Limitations relating to offensive biological warfare program
of Russia.
Sec. 1209. Limitation on use of funds for chemical weapons destruction
facility.
TITLE XIII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Peacekeeping Provisions
Sec. 1301. Placement of United States forces under United Nations
operational or tactical control.
Sec. 1302. Limitation on use of Department of Defense funds for United
States share of costs of United Nations peacekeeping
activities.
Subtitle B--Humanitarian Assistance Programs
Sec. 1311. Overseas humanitarian, disaster, and civic aid programs.
Sec. 1312. Humanitarian assistance.
Sec. 1313. Landmine clearance program.
Subtitle C--Arms Exports and Military Assistance
Sec. 1321. Defense export loan guarantees.
Sec. 1322. National security implications of United States export
control policy.
Sec. 1323. Department of Defense review of export licenses for certain
biological pathogens.
Sec. 1324. Annual reports on improving export control mechanisms and on
military assistance.
Sec. 1325. Report on personnel requirements for control of transfer of
certain weapons.
Subtitle D--Burdensharing and Other Cooperative Activities Involving
Allies and NATO
Sec. 1331. Accounting for burdensharing contributions.
Sec. 1332. Authority to accept contributions for expenses of relocation
within host nation of United States Armed Forces overseas.
Sec. 1333. Revised goal for allied share of costs for United States
installations in Europe.
Sec. 1334. Exclusion of certain forces from European end strength
limitation.
Sec. 1335. Cooperative research and development agreements with NATO
organizations.
Sec. 1336. Support services for the Navy at the port of Haifa, Israel.
Subtitle E--Other Matters
Sec. 1341. Prohibition on financial assistance to terrorist countries.
Sec. 1342. Judicial assistance to the International Tribunal for
Yugoslavia and to the International Tribunal for Rwanda.
Sec. 1343. Semiannual reports concerning United States-People's Republic
of China Joint Defense Conversion Commission.
TITLE XIV--ARMS CONTROL MATTERS
Sec. 1401. Revision of definition of landmine for purposes of landmine
export moratorium.
Sec. 1402. Reports on and certification requirement concerning
moratorium on use by Armed Forces of antipersonnel landmines.
Sec. 1403. Extension and amendment of counterproliferation authorities.
Sec. 1404. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1405. Sense of Congress on ABM treaty violations.
Sec. 1406. Sense of Congress on ratification of Chemical Weapons
Convention and START II Treaty.
Sec. 1407. Implementation of arms control agreements.
Sec. 1408. Iran and Iraq arms nonproliferation.
TITLE XV--TECHNICAL AND CLERICAL AMENDMENTS
Sec. 1501. Amendments related to Reserve Officer Personnel Management
Act.
Sec. 1502. Amendments to reflect name change of Committee on Armed
Services of the House of Representatives.
Sec. 1503. Miscellaneous amendments to title 10, United States Code.
Sec. 1504. Miscellaneous amendments to annual defense authorization
Acts.
Sec. 1505. Miscellaneous amendments to other laws.
Sec. 1506. Coordination with other amendments.
TITLE XVI--CORPORATION FOR THE PROMOTION OF RIFLE PRACTICE AND FIREARMS
SAFETY
Sec. 1601. Short title.
Subtitle A--Establishment and Operation of Corporation
Sec. 1611. Establishment of the Corporation.
Sec. 1612. Conduct of Civilian Marksmanship Program.
Sec. 1613. Eligibility for participation in Civilian Marksmanship
Program.
Sec. 1614. Issuance, loan, and sale of firearms and ammunition by the
Corporation.
Sec. 1615. Transfer of firearms and ammunition from the Army to the
Corporation.
Sec. 1616. Reservation by the Army of firearms and ammunition for the
Corporation.
Sec. 1617. Army logistical support for the program.
Sec. 1618. General authorities of the Corporation.
Sec. 1619. Distribution of Corporate assets in event of dissolution.
Subtitle B--Transitional Provisions
Sec. 1621. Transfer of funds and property to the Corporation.
Sec. 1622. Continuation of eligibility for certain civil service
benefits for former Federal employees of Civilian Marksmanship
Program.
Sec. 1623. Certification of completion of transition.
Sec. 1624. Repeal of authority for conduct of Civilian Marksmanship
Program by the Army.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Revision of fiscal year 1995 authorization of appropriations
to clarify availability of funds for large anechoic chamber
facility, Patuxent River Naval Warfare Center, Maryland.
Sec. 2206. Authority to carry out land acquisition project, Hampton
Roads, Virginia.
Sec. 2207. Acquisition of land, Henderson Hall, Arlington, Virginia.
Sec. 2208. Acquisition or construction of military family housing in
vicinity of San Diego, California.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Retention of accrued interest on funds deposited for
construction of family housing, Scott Air Force Base,
Illinois.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Military family housing private investment.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Limitations on use of Department of Defense Base Closure
Account 1990.
Sec. 2407. Modification of authority to carry out fiscal year 1995
projects.
Sec. 2408. Reduction in amounts authorized to be appropriated for fiscal
year 1994 contingency construction projects.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Reduction in amount authorized to be appropriated for fiscal
year 1994 Air National Guard Projects.
Sec. 2603. Correction in authorized uses of funds for Army National
Guard projects in Mississippi.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1993
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1992
projects.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Housing Privatization Initiative
Sec. 2801. Alternative authority for construction and improvement of
military housing.
Sec. 2802. Expansion of authority for limited partnerships for
development of military family housing.
Subtitle B--Other Military Construction Program and Military Family
Housing Changes
Sec. 2811. Special threshold for unspecified minor construction projects
to correct life, health, or safety deficiencies.
Sec. 2812. Clarification of scope of unspecified minor construction
authority.
Sec. 2813. Temporary authority to waive net floor area limitation for
family housing acquired in lieu of construction.
Sec. 2814. Reestablishment of authority to waive net floor area
limitation on acquisition by purchase of certain military
family housing.
Sec. 2815. Temporary authority to waive limitations on space by pay
grade for military family housing units.
Sec. 2816. Rental of family housing in foreign countries.
Sec. 2817. Clarification of scope of report requirement on cost
increases under contracts for military family housing
construction.
Sec. 2818. Authority to convey damaged or deteriorated military family
housing.
Sec. 2819. Energy and water conservation savings for the Department of
Defense.
Sec. 2820. Extension of authority to enter into leases of land for
special operations activities.
Sec. 2821. Disposition of amounts recovered as a result of damage to
real property.
Sec. 2822. Pilot program to provide interest rate buy down authority on
loans for housing within housing shortage areas at military
installations.
Subtitle C--Defense Base Closure and Realignment
Sec. 2831. Deposit of proceeds from leases of property located at
installations being closed or realigned.
Sec. 2832. In-kind consideration for leases at installations to be
closed or realigned.
Sec. 2833. Interim leases of property approved for closure or
realignment.
Sec. 2834. Authority to lease property requiring environmental
remediation at installations approved for closure or
realignment.
Sec. 2835. Final funding for Defense Base Closure and Realignment
Commission.
Sec. 2836. Exercise of authority delegated by the Administrator of
General Services.
Sec. 2837. Lease back of property disposed from installations approved
for closure or realignment.
Sec. 2838. Improvement of base closure and realignment process regarding
disposal of property.
Sec. 2839. Agreements for certain services at installations being
closed.
Sec. 2840. Authority to transfer property at military installations to
be closed to persons who construct or provide military family
housing.
Sec. 2841. Use of single base closure authorities for disposal of
property and facilities at Fort Holabird, Maryland.
Subtitle D--Land Conveyances Generally
PART I--ARMY CONVEYANCES
Sec. 2851. Transfer of jurisdiction, Fort Sam Houston, Texas.
Sec. 2852. Transfer of jurisdiction, Fort Bliss, Texas.
Sec. 2853. Transfer of jurisdiction and land conveyance, Fort Devens
Military Reservation, Massachusetts.
Sec. 2854. Modification of land conveyance, Fort Belvoir, Virginia.
Sec. 2855. Land exchange, Fort Lewis, Washington.
Sec. 2856. Land exchange, Army Reserve Center, Gainesville, Georgia.
Sec. 2857. Land conveyance, Holston Army Ammunition Plant, Mount Carmel,
Tennessee.
Sec. 2858. Land conveyance, Indiana Army Ammunition Plant, Charlestown,
Indiana.
Sec. 2859. Land conveyance, Fort Ord, California.
Sec. 2860. Land conveyance, Parks Reserve Forces Training Area, Dublin,
California.
Sec. 2861. Land conveyance, Army Reserve Center, Youngstown, Ohio.
Sec. 2862. Land conveyance, Army Reserve Property, Fort Sheridan,
Illinois.
Sec. 2863. Land conveyance, property underlying Cummins Apartment
Complex, Fort Holabird, Maryland.
Sec. 2864. Modification of existing land conveyance, Army property,
Hamilton Air Force Base, California.
PART II--NAVY CONVEYANCES
Sec. 2865. Transfer of jurisdiction, Naval Weapons Industrial Reserve
Plant, Calverton, New York.
Sec. 2866. Modification of land conveyance, Naval Weapons Industrial
Reserve Plant, Calverton, New York.
Sec. 2867. Land conveyance alternative to existing lease authority,
Naval Supply Center, Oakland, California.
Sec. 2868. Land conveyance, Naval Weapons Industrial Reserve Plant,
McGregor, Texas.
Sec. 2869. Land conveyance, Naval Surface Warfare Center, Memphis,
Tennessee.
Sec. 2870. Land conveyance, Navy property, Fort Sheridan, Illinois.
Sec. 2871. Land conveyance, Naval Communications Station, Stockton,
California.
Sec. 2872. Lease of property, Naval Air Station and Marine Corps Air
Station, Miramar, California.
PART III--AIR FORCE CONVEYANCES
Sec. 2874. Land acquisition or exchange, Shaw Air Force Base, South
Carolina.
Sec. 2875. Land conveyance, Elmendorf Air Force Base, Alaska.
Sec. 2876. Land conveyance, Radar Bomb Scoring Site, Forsyth, Montana.
Sec. 2877. Land conveyance, Radar Bomb Scoring Site, Powell, Wyoming.
Sec. 2878. Land conveyance, Avon Park Air Force Range, Florida.
Subtitle E--Land Conveyances Involving Utilities
Sec. 2881. Conveyance of resource recovery facility, Fort Dix, New
Jersey.
Sec. 2882. Conveyance of water and wastewater treatment plants, Fort
Gordon, Georgia.
Sec. 2883. Conveyance of electricity distribution system, Fort Irwin,
California.
Sec. 2884. Conveyance of water treatment plant, Fort Pickett, Virginia.
Subtitle F--Other Matters
Sec. 2891. Authority to use funds for certain educational purposes.
Sec. 2892. Department of Defense Laboratory Revitalization Demonstration
Program.
Sec. 2893. Authority for Port Authority of State of Mississippi to use
Navy property at Naval Construction Battalion Center,
Gulfport, Mississippi.
Sec. 2894. Prohibition on joint use of Naval Air Station and Marine
Corps Air Station, Miramar, California.
Sec. 2895. Report regarding Army water craft support facilities and
activities.
Sec. 2896. Residual value reports.
Sec. 2897. Sense of Congress and report regarding Fitzsimons Army
Medical Center, Colorado.
TITLE XXIX--LAND CONVEYANCES INVOLVING JOLIET ARMY AMMUNITION PLANT,
ILLINOIS
Sec. 2901. Short title.
Sec. 2902. Definitions.
Subtitle A--Conversion of Joliet Army Ammunition Plant to Midewin
National Tallgrass Prairie
Sec. 2911. Principles of transfer.
Sec. 2912. Transfer of management responsibilities and jurisdiction over
Arsenal.
Sec. 2913. Responsibility and liability.
Sec. 2914. Establishment and administration of Midewin National
Tallgrass Prairie.
Sec. 2915. Special management requirements for Midewin National
Tallgrass Prairie.
Sec. 2916. Special transfer rules for certain Arsenal parcels intended
for MNP.
Subtitle B--Other Land Conveyances Involving Joliet Army Ammunition
Plant
Sec. 2921. Conveyance of certain real property at Arsenal for a national
cemetery.
Sec. 2922. Conveyance of certain real property at Arsenal for a county
landfill.
Sec. 2923. Conveyance of certain real property at Arsenal for industrial
parks.
Subtitle C--Miscellaneous Provisions
Sec. 2931. Degree of environmental cleanup.
Sec. 2932. Retention of property used for environmental cleanup.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Authority to conduct program relating to fissile materials.
Sec. 3132. National Ignition Facility.
Sec. 3133. Tritium production program.
Sec. 3134. Payment of penalties.
Sec. 3135. Fissile materials disposition.
Sec. 3136. Tritium recycling.
Sec. 3137. Manufacturing infrastructure for refabrication and
certification of nuclear weapons stockpile.
Sec. 3138. Hydronuclear experiments.
Sec. 3139. Limitation on authority to conduct hydronuclear tests.
Sec. 3140. Fellowship program for development of skills critical to the
Department of Energy nuclear weapons complex.
Sec. 3141. Limitation on use of funds for certain research and
development purposes.
Sec. 3142. Processing and treatment of high-level nuclear waste and
spent nuclear fuel rods.
Sec. 3143. Protection of workers at nuclear weapons facilities.
Sec. 3144. Department of Energy Declassification Productivity
Initiative.
Subtitle D--Other Matters
Sec. 3151. Report on foreign tritium purchases.
Sec. 3152. Study on nuclear test readiness postures.
Sec. 3153. Master plan for the certification, stewardship, and
management of warheads in the nuclear weapons stockpile.
Sec. 3154. Prohibition on international inspections of Department of
Energy facilities unless protection of restricted data is
certified.
Sec. 3155. Review of certain documents before declassification and
release.
Sec. 3156. Accelerated schedule for environmental restoration and waste
management activities.
Sec. 3157. Sense of Congress regarding certain environmental restoration
requirements.
Sec. 3158. Responsibility for Defense Programs Emergency Response
Program.
Sec. 3159. Requirements for Department of Energy weapons activities
budgets for fiscal years after fiscal year 1996.
Sec. 3160. Report on hydronuclear testing.
Sec. 3161. Applicability of Atomic Energy Community Act of 1955 to Los
Alamos, New Mexico.
Sec. 3162. Sense of Congress regarding shipments of spent nuclear fuel.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Subtitle A--Authorization of Disposals and Use of Funds
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of chromite and manganese ores and chromium ferro
and manganese metal electrolytic.
Sec. 3304. Restrictions on disposal of manganese ferro.
Sec. 3305. Titanium initiative to support battle tank upgrade program.
Subtitle B--Programmatic Change
Sec. 3311. Transfer of excess defense-related materials to stockpile for
disposal.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Subtitle A--Administration of Naval Petroleum Reserves
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal
year 1996.
Subtitle B--Sale of Naval Petroleum Reserve
Sec. 3411. Definitions.
Sec. 3412. Sale of Naval Petroleum Reserve Numbered 1.
Sec. 3413. Effect of sale of reserve.
Sec. 3414. Conditions on sale process.
Sec. 3415. Treatment of State of California claim regarding reserve.
Sec. 3416. Study of future of other naval petroleum reserves.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Appropriations
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Expenditures in accordance with other laws.
Subtitle B--Reconstitution of Commission as Government Corporation
Sec. 3521. Short title.
Sec. 3522. Reconstitution of Commission as Government corporation.
Sec. 3523. Supervisory Board.
Sec. 3524. General and specific powers of Commission.
Sec. 3525. Congressional review of budget.
Sec. 3526. Audits.
Sec. 3527. Prescription of measurement rules and rates of tolls.
Sec. 3528. Procedures for changes in rules of measurement and rates of
tolls.
Sec. 3529. Miscellaneous technical amendments.
Sec. 3530. Conforming amendment to title 31, United States Code.
DIVISION D--FEDERAL ACQUISITION REFORM
Sec. 4001. Short title.
TITLE XLI--COMPETITION
Sec. 4101. Efficient competition.
Sec. 4102. Efficient approval procedures.
Sec. 4103. Efficient competitive range determinations.
Sec. 4104. Preaward debriefings.
Sec. 4105. Design-build selection procedures.
TITLE XLII--COMMERCIAL ITEMS
Sec. 4201. Commercial item exception to requirement for cost or pricing
data.
Sec. 4202. Application of simplified procedures to certain commercial
items.
Sec. 4203. Inapplicability of certain procurement laws to commercially
available off-the-shelf items.
Sec. 4204. Amendment of commercial items definition.
Sec. 4205. Inapplicability of cost accounting standards to contracts and
subcontracts for commercial items.
TITLE XLIII--ADDITIONAL REFORM PROVISIONS
Subtitle A--Additional Acquisition Reform Provisions
Sec. 4301. Elimination of certain certification requirements.
Sec. 4302. Authorities conditioned on FACNET capability.
Sec. 4303. International competitiveness.
Sec. 4304. Procurement integrity.
Sec. 4305. Further acquisition streamlining provisions.
Sec. 4306. Value engineering for Federal agencies.
Sec. 4307. Acquisition workforce.
Sec. 4308. Demonstration project relating to certain personnel
management policies and procedures.
Sec. 4309. Cooperative purchasing.
Sec. 4310. Procurement notice technical amendments.
Sec. 4311. Micro-purchases without competitive quotations.
Subtitle B--Technical Amendments
Sec. 4321. Amendments related to Federal Acquisition Streamlining Act of
1994.
Sec. 4322. Miscellaneous amendments to Federal acquisition laws.
TITLE XLIV--EFFECTIVE DATES AND IMPLEMENTATION
Sec. 4401. Effective date and applicability.
Sec. 4402. Implementing regulations.
DIVISION E--INFORMATION TECHNOLOGY MANAGEMENT REFORM
Sec. 5001. Short title.
Sec. 5002. Definitions.
TITLE LI--RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY
Subtitle A--General Authority
Sec. 5101. Repeal of central authority of the Administrator of General
Services.
Subtitle B--Director of the Office of Management and Budget
Sec. 5111. Responsibility of Director.
Sec. 5112. Capital planning and investment control.
Sec. 5113. Performance-based and results-based management.
Subtitle C--Executive Agencies
Sec. 5121. Responsibilities.
Sec. 5122. Capital planning and investment control.
Sec. 5123. Performance and results-based management.
Sec. 5124. Acquisitions of information technology.
Sec. 5125. Agency Chief Information Officer.
Sec. 5126. Accountability.
Sec. 5127. Significant deviations.
Sec. 5128. Interagency support.
Subtitle D--Other Responsibilities
Sec. 5131. Responsibilities regarding efficiency, security, and privacy
of Federal computer systems.
Sec. 5132. Sense of Congress.
Subtitle E--National Security Systems
Sec. 5141. Applicability to national security systems.
Sec. 5142. National security system defined.
TITLE LII--PROCESS FOR ACQUISITIONS OF INFORMATION TECHNOLOGY
Sec. 5201. Procurement procedures.
Sec. 5202. Incremental acquisition of information technology.
TITLE LIII--INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAMS
Subtitle A--Conduct of Pilot Programs
Sec. 5301. Authority to conduct pilot programs.
Sec. 5302. Evaluation criteria and plans.
Sec. 5303. Report.
Sec. 5304. Recommended legislation.
Sec. 5305. Rule of construction.
Subtitle B--Specific Pilot Programs
Sec. 5311. Share-in-savings pilot program.
Sec. 5312. Solutions-based contracting pilot program.
TITLE LIV--ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS
Sec. 5401. On-line multiple award schedule contracting.
Sec. 5402. Identification of excess and surplus computer equipment.
Sec. 5403. Access of certain information in information systems to the
directory established under section 4101 of title 44, United
States code.
TITLE LV--PROCUREMENT PROTEST AUTHORITY OF THE COMPTROLLER GENERAL
Sec. 5501. Period for processing protests.
Sec. 5502. Availability of funds following GAO resolution of challenge
to contracting action.
TITLE LVI--CONFORMING AND CLERICAL AMENDMENTS
Sec. 5601. Amendments to title 10, United States Code.
Sec. 5602. Amendments to title 28, United States Code.
Sec. 5603. Amendment to title 31, United States Code.
Sec. 5604. Amendments to title 38, United States Code.
Sec. 5605. Provisions of title 44, United States Code, relating to
paperwork reduction.
Sec. 5606. Amendment to title 49, United States Code.
Sec. 5607. Other laws.
Sec. 5608. Clerical amendments.
TITLE LVII--EFFECTIVE DATE, SAVINGS PROVISIONS, AND RULES OF
CONSTRUCTION
Sec. 5701. Effective date.
Sec. 5702. Savings provisions.
Sec. 5703. Rules of construction.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(2) the Committee on National Security and the
Committee on Appropriations of the House of
Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for procurement for the Army as follows:
(1) For aircraft, $1,558,805,000.
(2) For missiles, $865,555,000.
(3) For weapons and tracked combat vehicles,
$1,652,745,000.
(4) For ammunition, $1,093,991,000.
(5) For other procurement, $2,763,443,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 1996 for procurement for the Navy as follows:
(1) For aircraft, $4,572,394,000.
(2) For weapons, including missiles and torpedoes,
$1,659,827,000.
(3) For shipbuilding and conversion,
$6,643,958,000.
(4) For other procurement, $2,414,771,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 1996 for procurement for the
Marine Corps in the amount of $458,947,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for procurement of ammunition for
Navy and the Marine Corps in the amount of $430,053,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for procurement for the Air Force as follows:
(1) For aircraft, $7,349,783,000.
(2) For missiles, $2,938,883,000.
(3) For ammunition, $343,848,000.
(4) For other procurement, $6,268,430,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for Defense-wide procurement in the amount of
$2,124,379,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for procurement of aircraft, vehicles, communications
equipment, and other equipment for the reserve components of
the Armed Forces as follows:
(1) For the Army National Guard, $160,000,000.
(2) For the Air National Guard, $255,000,000.
(3) For the Army Reserve, $85,700,000.
(4) For the Naval Reserve, $67,000,000.
(5) For the Air Force Reserve, $135,600,000.
(6) For the Marine Corps Reserve, $73,700,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for procurement for the Inspector General of the
Department of Defense in the amount of $1,000,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal
year 1996 the amount of $672,250,000 for--
(1) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the
Department of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of
the United States that is not covered by section 1412
of such Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for the Department of Defense for procurement for
carrying out health care programs, projects, and activities of
the Department of Defense in the total amount of $288,033,000.
Subtitle B--Army Programs
SEC. 111. PROCUREMENT OF OH-58D ARMED KIOWA WARRIOR HELICOPTERS.
The prohibition in section 133(a)(2) of the National
Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 103 Stat. 1383) does not apply to the
obligation of funds in amounts not to exceed $140,000,000 for
the procurement of not more than 20 OH-58D Armed Kiowa Warrior
aircraft from funds appropriated for fiscal year 1996 pursuant
to section 101.
SEC. 112. REPEAL OF REQUIREMENTS FOR ARMORED VEHICLE UPGRADES.
Subsection (j) of section 21 of the Arms Export Control Act
(22 U.S.C. 2761) is repealed.
SEC. 113. MULTIYEAR PROCUREMENT OF HELICOPTERS.
The Secretary of the Army may, in accordance with section
2306b of title 10, United States Code, enter into multiyear
procurement contracts for procurement of the following:
(1) AH-64D Longbow Apache attack helicopters.
(2) UH-60 Black Hawk utility helicopters.
SEC. 114. REPORT ON AH-64D ENGINE UPGRADES.
No later than February 1, 1996, the Secretary of the Army
shall submit to Congress a report on plans to procure T700-701C
engine upgrade kits for Army AH-64D helicopters. The report
shall include--
(1) a plan to provide for the upgrade of all Army
AH-64D helicopters with T700-701C engine kits
commencing in fiscal year 1996; and
(2) a detailed timeline and statement of funding
requirements for the engine upgrade program described
in paragraph (1).
SEC. 115. REQUIREMENT FOR USE OF PREVIOUSLY AUTHORIZED MULTIYEAR
PROCUREMENT AUTHORITY FOR ARMY SMALL ARMS
PROCUREMENT.
(a) Requirement.--The Secretary of the Army (subject to the
provision of authority in an appropriations Act) shall enter
into a multiyear procurement contract during fiscal year 1997
in accordance with section 115(b)(2) of the National Defense
Authorization for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2681).
1(b) Technical Amendment.--Section 115(b)(1) of the
National Defense Authorization for Fiscal Year 1995 (Public Law
103-337; 108 Stat. 2681) is amended by striking out ``2306(h)''
and inserting in lieu thereof ``2306b''.
Subtitle C--Navy Programs
SEC. 131. NUCLEAR ATTACK SUBMARINES.
(a) Amounts Authorized.--(1) Of the amount authorized by
section 102 to be appropriated for Shipbuilding and Conversion,
Navy, for fiscal year 1996--
(A) $700,000,000 is available for construction of
the third vessel (designated SSN-23) in the Seawolf
attack submarine class, which shall be the final vessel
in that class; and
(B) $804,498,000 is available for long-lead and
advance construction and procurement of components for
construction of the fiscal year 1998 and fiscal year
1999 submarines (previously designated by the Navy as
the New Attack Submarine), of which--
(i) $704,498,000 shall be available for
long-lead and advance construction and
procurement for the fiscal year 1998 submarine,
which shall be built by Electric Boat Division;
and
(ii) $100,000,000 shall be available for
long-lead and advance construction and
procurement for the fiscal year 1999 submarine,
which shall be built by Newport News
Shipbuilding.
(2) Of the amount authorized by section 201(2), $10,000,000
shall be available only for participation of Newport News
Shipbuilding in the design of the submarine previously
designated by the Navy as the New Attack Submarine.
(b) Competition, Report, and Budget Revision Limitations.--
(1) Of the amounts specified in subsection (a)(1), not more
than $200,000,000 may be obligated or expended until the
Secretary of the Navy certifies in writing to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives that procurement of
nuclear attack submarines to be constructed beginning--
(A) after fiscal year 1999, or
(B) if four submarines are procured as provided for
in the plan described in subsection (c), after fiscal
year 2001,
will be under one or more contracts that are entered into after
competition between potential competitors (as defined in
subsection (k)) in which the Secretary solicits competitive
proposals and awards the contract or contracts on the basis of
price.
(2) Of the amounts specified in subsection (a)(1), not more
than $1,000,000,000 may be obligated or expended until the
Secretary of Defense, not later than March 15, 1996,
accomplishes each of the following:
(A) Submits to the Committee on Armed Services of
the Senate and the Committee on National Security of
the House of Representatives in accordance with
subsection (c) the plan required by that subsection for
a program to produce a more capable, less expensive
nuclear attack submarine than the submarine design
previously designated by the Navy as the New Attack
Submarine.
(B) Notwithstanding any other provision of law, or
the funding level in the President's budget for each
year after fiscal year 1996, the Under Secretary of
Defense (Comptroller) shall incorporate the costs of
the plan required by subsection (c) in the Future Years
Defense Program (FYDP) even if the total cost of that
Program exceeds the President's budget.
(C) Directs that the Under Secretary of Defense for
Acquisition and Technology conduct oversight over the
development and improvement of the nuclear attack
submarine program of the Navy. Officials of the
Department of the Navy exercising management oversight
of the program shall report to the Under Secretary of
Defense for Acquisition and Technology with respect to
that program.
(c) Plan for Fiscal Year 1998, 1999, 2000, and 2001
Submarines.--(1) The Secretary of Defense shall, not later than
March 15, 1996, develop (and submit to the committees specified
in subsection (b)(2)(A)) a detailed plan for development of a
program that will lead to production of a more capable, less
expensive submarine than the submarine previously designated as
the New Attack Submarine.
(2) As part of such plan, the Secretary shall provide for a
program for the design, development, and procurement of four
nuclear attack submarines to be procured during fiscal years
1998 through 2001, the purpose of which shall be to develop and
demonstrate new technologies that will result in each
successive submarine of those four being a more capable and
more affordable submarine than the submarine that preceded it.
The program shall be structured so that--
(A) one of the four submarines is to be constructed
with funds appropriated for each fiscal year from
fiscal year 1998 through fiscal year 2001;
(B) in order to ensure flexibility for innovation,
the fiscal year 1998 and the fiscal year 2000
submarines are to be constructed by the Electric Boat
Division and the fiscal year 1999 and the fiscal year
2001 submarines are to be constructed by Newport News
Shipbuilding;
(C) the design designated by the Navy for the
submarine previously designated as the New Attack
Submarine will be used as the base design by both
contractors;
(D) each contractor shall be called upon to propose
improvements, including design improvements, for each
successive submarine as new and better technology is
demonstrated and matures so that--
(i) each successive submarine is more
capable and more affordable; and
(ii) the design for a future class of
nuclear attack submarines will incorporate the
latest, best, and most affordable technology;
and
(E) the fifth and subsequent nuclear attack
submarines to be built after the SSN-23 submarine shall
be procured as required by subsection (b)(1).
(3) The plan under paragraph (1) shall--
(A) set forth a program to accomplish the design,
development, and construction of the four submarines
taking maximum advantage of a streamlined acquisition
process, as provided under subsection (d);
(B) culminate in selection of a design for a next
submarine for serial production not earlier than fiscal
year 2003, with such submarine to be procured as
required by subsection (b)(1);
(C) identify advanced technologies that are in
various phases of research and development, as well as
those that are commercially available off-the-shelf,
that are candidates to be incorporated into the plan to
design, develop, and procure the submarines;
(D) designate the fifth submarine to be procured as
the lead ship in the next generation submarine class,
unless the Secretary of the Navy, in consultation with
the special submarine review panel described in
subsection (f), determines that more submarines should
be built before the design of the new class of
submarines is fixed, in which case each such additional
submarine shall be procured in the same manner as is
required by subsection (b)(1); and
(E) identify the impact of the submarine program
described in paragraph (1) on the remainder of the
appropriation account known as ``Shipbuilding and
Conversion, Navy'', as such impact relates to--
(i) force structure levels required by the
October 1993 Department of Defense report
entitled ``Report on the Bottom-Up Review'';
(ii) force structure levels required by the
1995 report on the Surface Ship Combatant Study
that was carried out for the Department of
Defense; and
(iii) the funding requirements for
submarine construction, as a percentage of the
total ship construction account, for each
fiscal year throughout the FYDP.
(d) Streamlined Acquisition Process.--The Secretary of
Defense shall prescribe and use streamlined acquisition
policies and procedures to reduce the cost and increase the
efficiency of the submarine program under this section.
(e) Annual Revisions to Plan.--The Secretary shall submit
to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
an annual update to the plan required to be submitted under
subsection (b). Each such update shall be submitted concurrent
with the President's budget submission to Congress for each of
fiscal years 1998 through 2002.
(f) Special Submarine Review Panel.--(1) The plan under
subsection (c) and each annual update under subsection (e)
shall be reviewed by a special bipartisan congressional panel
working with the Navy. The panel shall consist of three members
of the Committee on Armed Services of the Senate, who shall be
designated by the chairman of that committee, and three members
of the Committee on National Security of the House of
Representatives, who shall be designated by the chairman of
that committee. The members of the panel shall be briefed by
the Secretary of the Navy on the status of the submarine
modernization program and the status of submarine-related
research and development under this section.
(2) Not later than May 1 of each year, the panel shall
report to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
on the panel's findings and recommendations regarding the
progress of the Secretary in procuring a more capable, less
expensive submarine. The panel may recommend any funding
adjustments it believes appropriate to achieve this objective.
(g) Linkage of Fiscal Year 1998 and 1999 Submarines.--Funds
referred to in subsection (a)(1)(B) that are available for the
fiscal year 1998 and fiscal year 1999 submarines under this
section may not be expended during fiscal year 1996 for the
fiscal year 1998 submarine (other than for design) unless funds
are obligated or expended during such fiscal year for a
contract in support of procurement of the fiscal year 1999
submarine.
(h) Contracts Authorized.--The Secretary of the Navy is
authorized, using funds available pursuant to paragraph (1)(B)
of subsection (a), to enter into contracts with Electric Boat
Division and Newport News Shipbuilding, and suppliers of
components, during fiscal year 1996 for--
(1) the procurement of long-lead components for the
fiscal year 1998 submarine and the fiscal year 1999
submarine under this section; and
(2) advance construction of such components and
other components for such submarines.
(i) Advanced Research Projects Agency Development of
Advanced Technologies.--(1) Of the amount provided in section
201(4) for the Advanced Research Projects Agency, $100,000,000
is available only for development and demonstration of advanced
technologies for incorporation into the submarines constructed
as part of the plan developed under subsection (c). Such
advanced technologies shall include the following:
(A) Electric drive.
(B) Hydrodynamic quieting.
(C) Ship control automation.
(D) Solid-state power electronics.
(E) Wake reduction technologies.
(F) Superconductor technologies.
(G) Torpedo defense technologies.
(H) Advanced control concept.
(I) Fuel cell technologies.
(J) Propulsors.
(2) The Director of the Advanced Research Projects Agency
shall implement a rapid prototype acquisition strategy for both
land-based and at-sea subsystem and system demonstrations of
advanced technologies under paragraph (1). Such acquisition
strategy shall be developed and implemented in concert with
Electric Boat Division and Newport News Shipbuilding and the
Navy.
(j) References to Contractors.--For purposes of this
section--
(1) the contractor referred to as ``Electric Boat
Division'' is the Electric Boat Division of the General
Dynamics Corporation; and
(2) the contractor referred to as ``Newport News
Shipbuilding'' is the Newport News Shipbuilding and
Drydock Company.
(k) Potential Competitor Defined.--For purposes of this
section, the term ``potential competitor'' means any source to
which the Secretary of the Navy has awarded, within 10 years
before the date of the enactment of this Act, a contract or
contracts to construct one or more nuclear attack submarines.
SEC. 132. RESEARCH FOR ADVANCED SUBMARINE TECHNOLOGY.
Of the amount appropriated for fiscal year 1996 for the
National Defense Sealift Fund, $50,000,000 shall be available
only for the Director of the Advanced Research Projects Agency
for advanced submarine technology activities.
SEC. 133. COST LIMITATION FOR SEAWOLF SUBMARINE PROGRAM.
(a) Limitation of Costs.--Except as provided in subsection
(b), the total amount obligated or expended for procurement of
the SSN-21, SSN-22, and SSN-23 Seawolf class submarines may not
exceed $7,223,659,000.
(b) Automatic Increase of Limitation Amount.--The amount of
the limitation set forth in subsection (a) is increased by the
following amounts:
(1) The amounts of outfitting costs and post-
delivery costs incurred for the submarines referred to
in such subsection.
(2) The amounts of increases in costs attributable
to economic inflation after September 30, 1995.
(3) The amounts of increases in costs attributable
to compliance with changes in Federal, State, or local
laws enacted after September 30, 1995.
(c) Repeal of Superseded Provision.--Section 122 of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 108 Stat. 2682) is repealed.
SEC. 134. REPEAL OF PROHIBITION ON BACKFIT OF TRIDENT SUBMARINES.
Section 124 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2683) is
repealed.
SEC. 135. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) Authorization for Procurement of Six Vessels.--The
Secretary of the Navy is authorized to construct six Arleigh
Burke class destroyers in accordance with this section. Within
the amount authorized to be appropriated pursuant to section
102(a)(3), $2,169,257,000 is authorized to be appropriated for
construction (including advance procurement) for the Arleigh
Burke class destroyers.
(b) Contracts.--(1) The Secretary is authorized to enter
into contracts in fiscal year 1996 for the construction of
three Arleigh Burke class destroyers.
(2) The Secretary is authorized, in fiscal year 1997, to
enter into contracts for the construction of the other three
Arleigh Burke class destroyers covered by subsection (a),
subject to the availability of appropriations for such
destroyers.
(3) In awarding contracts for the six vessels covered by
subsection (a), the Secretary shall continue the contract award
pattern and sequence used by the Secretary for the procurement
of Arleigh Burke class destroyers during fiscal years 1994 and
1995.
(4) A contract for construction of a vessel or vessels that
is entered into in accordance with paragraph (1) shall include
a clause that limits the liability of the Government to the
contractor for any termination of the contract. The maximum
liability of the Government under the clause shall be the
amount appropriated for the vessel or vessels.
(c) Use of Available Funds.--(1) Subject to paragraph (2),
the Secretary may take appropriate actions to use for full
funding of a contract entered into in accordance with
subsection (b)--
(A) any funds that, having been appropriated for
shipbuilding and conversion programs of the Navy other
than Arleigh Burke class destroyer programs pursuant to
the authorization in section 102(a)(3), become excess
to the needs of the Navy for such programs by reason of
cost savings achieved for such programs;
(B) any unobligated funds that are available to the
Secretary for shipbuilding and conversion for any
fiscal year before fiscal year 1996; and
(C) any funds that are appropriated after the date
of the enactment of the Department of Defense
Appropriations Act, 1996, to complete the full funding
of the contract.
(2) The Secretary may not, in the exercise of authority
provided in subparagraph (A) or (B) of paragraph (1), obligate
funds for a contract entered into in accordance with subsection
(b) until 30 days after the date on which the Secretary submits
to the congressional defense committees in writing a
notification of the intent to obligate the funds. The
notification shall set forth the source or sources of the funds
and the amount of the funds from each such source that is to be
so obligated.
SEC. 136. ACQUISITION PROGRAM FOR CRASH ATTENUATING SEATS.
(a) Program Authorized.--The Secretary of the Navy shall
establish a program to procure for, and install in, H-53E
military transport helicopters commercially developed, energy
absorbing, crash attenuating seats that the Secretary
determines are consistent with military specifications for
seats for such helicopters.
(b) Funding.--To the extent provided in appropriations
Acts, of the unobligated balance of amounts appropriated for
the Legacy Resource Management Program pursuant to the
authorization of appropriations in section 301(5) of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 108 Stat. 2706), not more than $10,000,000 shall
be available to the Secretary of the Navy, by transfer to the
appropriate accounts, for carrying out the program authorized
in subsection (a).
SEC. 137. T-39N TRAINER AIRCRAFT.
(a) Limitation.--The Secretary of the Navy may not enter
into a contract, using funds appropriated for fiscal year 1996
for procurement of aircraft for the Navy, for the acquisition
of the aircraft described in subsection (b) until 60 days after
the date on which the Under Secretary of Defense for
Acquisition and Technology submits to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives--
(1) an analysis of the proposed acquisition of such
aircraft; and
(2) a certification that the proposed acquisition
during fiscal year 1996 (A) is in the best interest of
the Government, and (B) is the most cost effective
means of meeting the requirements of the Navy for
aircraft for use in the training of naval flight
officers.
(b) Covered Aircraft.--Subsection (a) applies to certain T-
39 trainer aircraft that as of November 1, 1995 (1) are used by
the Navy under a lease arrangement for the training of naval
flight officers, and (2) are offered for sale to the
Government.
SEC. 138. PIONEER UNMANNED AERIAL VEHICLE PROGRAM.
Not more than one-sixth of the amount appropriated pursuant
to this Act for the activities and operations of the Unmanned
Aerial Vehicle Joint Program Office (UAV-JPO), and none of the
unobligated balances of funds appropriated for fiscal years
before fiscal year 1996 for the activities and operations of
such office, may be obligated until the Secretary of the Navy
certifies to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of
Representatives that funds have been obligated to equip nine
Pioneer Unmanned Aerial Vehicle systems with the Common
Automatic Landing and Recovery System (CARS).
Subtitle D--Air Force Programs
SEC. 141. B-2 AIRCRAFT PROGRAM.
(a) Repeal of Limitations.--The following provisions of law
are repealed:
(1) Section 151(c) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 106 Stat. 2339).
(2) Sections 131(c) and 131(d) of the National
Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160; 107 Stat. 1569).
(3) Section 133(e) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2688).
(b) Conversion of Limitation to Annual Report
Requirement.--Section 112 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103
Stat. 1373) is amended--
(1) by striking out subsection (a);
(2) by striking out the matter in subsection (b)
preceding paragraph (1) and inserting in lieu thereof
the following:
``(a) Annual Reporting Requirement.--Not later than March 1
of each year, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a report that
sets forth the finding of the Secretary (as of January 1 of
such year) on each of the following matters:'';
(3) by striking out ``That'' in paragraphs (1),
(2), (3), (4), and (5) and inserting in lieu thereof
``Whether'';
(4) in paragraph (1), by striking out ``latest''
and all that follows through ``100-180'' and inserting
in lieu thereof ``Requirements Correlation Matrix found
in the user-defined Operational Requirements Document
(as contained in Attachment B to a letter from the
Secretary of Defense to Congress dated October 14,
1993)'';
(5) in paragraph (3), by striking out
``congressional defense'';
(6) in paragraph (4), by striking out ``such
certification to be submitted'';
(7) by adding at the end the following:
``(b) First Report.--The Secretary shall submit the first
annual report under subsection (a) not later than March 1,
1996.''; and
(8) by amending the section heading to read as
follows:
``SEC. 112. ANNUAL REPORT ON B-2 BOMBER AIRCRAFT PROGRAM.''.
(c) Repeal of Condition on Obligation of Funds in Enhanced
Bomber Capability Fund.--Section 133(d)(3) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2688) is amended by striking out ``If,'' and all
that follows through ``bombers, the Secretary'' and inserting
in lieu thereof ``The Secretary''.
SEC. 142. PROCUREMENT OF B-2 BOMBERS.
Of the amount authorized to be appropriated by section 103
for the B-2 bomber procurement program, not more than
$279,921,000 may be obligated or expended before March 31,
1996.
SEC. 143. MC-130H AIRCRAFT PROGRAM.
The limitation on the obligation of funds for payment of an
award fee and the procurement of contractor-furnished equipment
for the MC-130H Combat Talon aircraft set forth in section
161(a) of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1388) shall
cease to apply upon determination by the Director of
Operational Test and Evaluation (and submission of a
certification of that determination to the congressional
defense committees) that, based on the operational test and
evaluation and the analysis conducted on that aircraft to the
date of that determination, such aircraft is operationally
effective and meets the needs of its intended users.
Subtitle E--Chemical Demilitarization Program
SEC. 151. REPEAL OF REQUIREMENT TO PROCEED EXPEDITIOUSLY WITH
DEVELOPMENT OF CHEMICAL DEMILITARIZATION
CRYOFRACTURE FACILITY AT TOOELE ARMY DEPOT, UTAH.
Subsection (a) of section 173 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law
101-189; 103 Stat. 1393) is repealed.
SEC. 152. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL AGENTS
AND MUNITIONS.
(a) In General.--The Secretary of Defense shall proceed
with the program for destruction of the chemical munitions
stockpile of the Department of Defense while maintaining the
maximum protection of the environment, the general public, and
the personnel involved in the actual destruction of the
munitions. In carrying out such program, the Secretary shall
use technologies and procedures that will minimize the risk to
the public at each site.
(b) Initiation of Demilitarization Operations.--The
Secretary of Defense may not initiate destruction of the
chemical munitions stockpile stored at a site until the
following support measures are in place:
(1) Support measures that are required by
Department of Defense and Army chemical surety and
security program regulations.
(2) Support measures that are required by the
general and site chemical munitions demilitarization
plans specific to that installation.
(3) Support measures that are required by the
permits required by the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.) and the Clean Air Act (42 U.S.C.
7401 et seq.) for chemical munitions demilitarization
operations at that installation, as approved by the
appropriate State regulatory agencies.
(c) Assessment Of Alternatives.--(1) The Secretary of
Defense shall conduct an assessment of the current chemical
demilitarization program and of measures that could be taken to
reduce significantly the total cost of the program, while
ensuring maximum protection of the general public, the
personnel involved in the demilitarization program, and the
environment. The measures considered shall be limited to those
that would minimize the risk to the public. The assessment
shall be conducted without regard to any limitation that would
otherwise apply to the conduct of such an assessment under any
provision of law.
(2) The assessment shall be conducted in coordination with
the National Research Council.
(3) Based on the results of the assessment, the Secretary
shall develop appropriate recommendations for revision of the
chemical demilitarization program.
(4) Not later than March 1, 1996, the Secretary of Defense
shall submit to the congressional defense committees an interim
report assessing the current status of the chemical stockpile
demilitarization program, including the results of the Army's
analysis of the physical and chemical integrity of the
stockpile and implications for the chemical demilitarization
program, and providing recommendations for revisions to that
program that have been included in the budget request of the
Department of Defense for fiscal year 1997. The Secretary shall
submit to the congressional defense committees with the
submission of the budget request of the Department of Defense
for fiscal year 1998 a final report on the assessment conducted
in accordance with paragraph (1) and recommendations for
revision to the program, including an assessment of alternative
demilitarization technologies and processes to the baseline
incineration process and potential reconfiguration of the
stockpile that should be incorporated in the program.
(d) Assistance for Chemical Weapons Stockpile Communities
Affected by Base Closure.--(1) The Secretary of Defense shall
review and evaluate issues associated with closure and
reutilization of Department of Defense facilities co-located
with continuing chemical stockpile and chemical
demilitarization operations.
(2) The review shall include the following:
(A) An analysis of the economic impacts on these
communities and the unique reuse problems facing local
communities associated with ongoing chemical weapons
programs.
(B) Recommendations of the Secretary on methods for
expeditious and cost-effective transfer or lease of
these facilities to local communities for reuse by
those communities.
(3) The Secretary shall submit to the congressional defense
committees a report on the review and evaluation under this
subsection. The report shall be submitted not later than 90
days after the date of the enactment of this Act.
SEC. 153. ADMINISTRATION OF CHEMICAL DEMILITARIZATION PROGRAM.
(a) Travel Funding for Members of Chemical Demilitarization
Citizens' Advisory Commissions.--Section 172(g) of Public Law
102-484 (50 U.S.C. 1521 note) is amended to read as follows:
``(g) Pay and Expenses.--Members of each commission shall
receive no pay for their involvement in the activities of their
commissions. Funds appropriated for the Chemical Stockpile
Demilitarization Program may be used for travel and associated
travel costs for Citizens' Advisory Commissioners, when such
travel is conducted at the invitation of the Assistant
Secretary of the Army (Research, Development, and
Acquisition).''.
(b) Quarterly Report Concerning Travel Funding for
Citizens' Advisory Commissioners.--Section 1412(g) of the
Department of Defense Authorization Act, 1986 (50 U.S.C.
1521(g)), is amended--
(1) by striking out ``(g) Annual Report.--'' and
inserting in lieu thereof ``(g) Periodic Reports.--'';
(2) in paragraph (2)--
(A) by striking out ``Each such report
shall contain--'' and inserting in lieu thereof
``Each annual report shall contain--''
(B) in subparagraph (B)--
(i) by striking out ``and'' at the
end of clause (iv);
(ii) by striking out the period at
the end of clause (v) and inserting in
lieu thereof ``; and''; and
(iii) by adding at the end the
following:
``(vi) travel and associated travel costs
for Citizens' Advisory Commissioners under
section 172(g) of Public Law 102-484 (50 U.S.C.
1521 note).'';
(3) by redesignating paragraph (3) as paragraph
(4);
(4) by inserting after paragraph (2) the following
new paragraph (3):
``(3) The Secretary shall transmit to the Committee on
Armed Services and the Committee on Appropriations of the
Senate and the Committee on National Security and the Committee
on Appropriations of the House of Representatives a quarterly
report containing an accounting of all funds expended (during
the quarter covered by the report) for travel and associated
travel costs for Citizens' Advisory Commissioners under section
172(g) of Public Law 102-484 (50 U.S.C. 1521 note). The
quarterly report for the final quarter of the period covered by
a report under paragraph (1) may be included in that report.'';
and
(5) in paragraph (4), as redesignated by paragraph
(3)--
(A) by striking out ``this subsection'' and
inserting in lieu thereof ``paragraph (1)'';
and
(B) by adding at the end the following:
``No quarterly report is required under
paragraph (3) after the transmittal of the
final report under paragraph (1).''.
(c) Director of Program.--Section 1412(e)(3) of the
Department of Defense Authorization Act, 1986 (50 U.S.C.
1521(e)(3)), is amended by inserting ``or civilian equivalent''
after ``general officer''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $4,737,581,000.
(2) For the Navy, $8,474,783,000.
(3) For the Air Force, $12,914,868,000.
(4) For Defense-wide activities, $9,693,180,000, of
which--
(A) $251,082,000 is authorized for the
activities of the Director, Test and
Evaluation; and
(B) $22,587,000 is authorized for the
Director of Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY DEVELOPMENT.
(a) Fiscal Year 1996.--Of the amounts authorized to be
appropriated by section 201, $4,088,879,000 shall be available
for basic research and exploratory development projects.
(b) Basic Research and Exploratory Development Defined.--
For purposes of this section, the term ``basic research and
exploratory development'' means work funded in program elements
for defense research and development under Department of
Defense category 6.1 or 6.2.
SEC. 203. MODIFICATIONS TO STRATEGIC ENVIRONMENTAL RESEARCH AND
DEVELOPMENT PROGRAM.
(a) Council Membership.--Section 2902(b) of title 10,
United States Code, is amended--
(1) by striking out ``thirteen'' and inserting in
lieu thereof ``12'';
(2) by striking out paragraph (3);
(3) by redesignating paragraphs (4), (5), (6), (7),
(8), (9), and (10) as paragraphs (3), (4), (5), (6),
(7), (8), and (9), respectively; and
(4) in paragraph (8), as redesignated, by striking
out ``, who shall be nonvoting members''.
(b) Annual Report.--(1) Section 2902 of such title is
amended in subsection (d)--
(A) by striking out paragraph (3) and inserting in
lieu thereof the following:
``(3) To prepare an annual report that contains the
following:
``(A) A description of activities of the
strategic environmental research and
development program carried out during the
fiscal year before the fiscal year in which the
report is prepared.
``(B) A general outline of the activities
planned for the program during the fiscal year
in which the report is prepared.
``(C) A summary of projects continued from
the fiscal year before the fiscal year in which
the report is prepared and projects expected to
be started during the fiscal year in which the
report is prepared and during the following
fiscal year.''; and
(B) in paragraph (4), by striking out ``Federal
Coordinating Council on Science, Engineering, and
Technology'' and inserting in lieu thereof ``National
Science and Technology Council''.
(2) Section 2902 of such title is further amended--
(A) by striking out subsections (f) and (h);
(B) by redesignating subsection (g) as subsection
(f); and
(C) by adding at the end the following new
subsection:
``(g)(1) Not later than February 1 of each year, the
Council shall submit to the Secretary of Defense the annual
report prepared pursuant to subsection (d)(3).
``(2) Not later than March 15 of each year, the Secretary
of Defense shall submit such annual report to Congress, along
with such comments as the Secretary considers appropriate.''.
(3) The amendments made by this subsection shall apply with
respect to the annual report prepared during fiscal year 1997
and each fiscal year thereafter.
(c) Policies and Procedures.--Section 2902(e) of such title
is amended in paragraph (3) by striking out ``programs,
particularly'' and all that follows through the end of the
paragraph and inserting in lieu thereof ``programs;''.
(d) Competitive Procedures.--Section 2903(c) of such title
is amended--
(1) by striking out ``or'' after ``contracts'' and
inserting in lieu thereof ``using competitive
procedures. The Executive Director may enter into'';
and
(2) by striking out ``law, except that'' and
inserting in lieu thereof ``law. In either case,''.
(e) Continuation of Expiring Authority.--(1) Section
2903(d) of such title is amended in paragraph (2) by striking
out the last sentence.
(2) The amendment made by paragraph (1) shall take effect
as of September 29, 1995.
SEC. 204. DEFENSE DUAL USE TECHNOLOGY INITIATIVE.
(a) Fiscal Year 1996 Amount.--Of the amount authorized to
be appropriated in section 201(4), $195,000,000 shall be
available for the defense dual use technology initiative
conducted under chapter 148 of title 10, United States Code.
(b) Availability of Funds for Existing Technology
Reinvestment Projects.--The Secretary of Defense shall use
amounts made available for the defense dual use technology
initiative under subsection (a) only for the purpose of
continuing or completing technology reinvestment projects that
were initiated before October 1, 1995.
(c) Notice Concerning Projects To Be Carried Out.--Of the
amounts made available for the defense dual use technology
initiative under subsection (a)--
(1) $145,000,000 shall be available for obligation
only after the date on which the Secretary of Defense
notifies the congressional defense committees regarding
the defense reinvestment projects to be funded using
such funds; and
(2) the remaining $50,000,000 shall be available
for obligation only after the date on which the
Secretary of Defense certifies to the congressional
defense committees that the defense reinvestment
projects to be funded using such funds have been
determined by the Joint Requirements Oversight Council
to be of significant military priority.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) Allocation of Funds.--Of the amount authorized to be
appropriated pursuant to the authorization in section 201(3),
$50,000,000 shall be available for a competitive reusable
rocket technology program.
(b) Limitation.--Funds made available pursuant to
subsection (a)(1) may be obligated only to the extent that the
fiscal year 1996 current operating plan of the National
Aeronautics and Space Administration allocates at least an
equal amount for its Reusable Space Launch program.
SEC. 212. TACTICAL MANNED RECONNAISSANCE.
(a) Limitation.--None of the amounts appropriated or
otherwise made available pursuant to an authorization in this
Act may be used by the Secretary of the Air Force to conduct
research, development, test, or evaluation for a replacement
aircraft, pod, or sensor payload for the tactical manned
reconnaissance mission until the report required by subsection
(b) is submitted to the congressional defense committees.
(b) Report.--The Secretary of the Air Force shall submit to
the congressional defense committees a report setting forth in
detail information about the manner in which the funds
authorized by section 201 of this Act and section 201 of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 108 Stat. 2690) are planned to be used during
fiscal year 1996 for research, development, test, and
evaluation for the Air Force tactical manned reconnaissance
mission. At a minimum, the report shall include the sources, by
program element, of the funds and the purposes for which the
funds are planned to be used.
SEC. 213. JOINT ADVANCED STRIKE TECHNOLOGY (JAST) PROGRAM.
(a) Allocation of Funds.--Of the amounts authorized to be
appropriated pursuant to the authorizations in section 201,
$200,156,000 shall be available for the Joint Advanced Strike
Technology (JAST) program. Of that amount--
(1) $83,795,000 shall be available for program
element 63800N in the budget of the Department of
Defense for fiscal year 1996;
(2) $85,686,000 shall be available for program
element 63800F in such budget; and
(3) $30,675,000 shall be available for program
element 63800E in such budget.
(b) Additional Allocation.--Of the amounts made available
under paragraphs (1), (2), and (3) of subsection (a)--
(1) $25,000,000 shall be available from the amount
authorized to be appropriated pursuant to the
authorization in section 201(2) for the conduct, during
fiscal year 1996, of a 6-month program definition phase
for the A/F117X, an F-117 fighter aircraft modified for
use by the Navy as a long-range, medium attack
aircraft; and
(2) $7,000,000 shall be available to provide for
competitive engine concepts.
(c) Limitation.--Not more than 75 percent of the amount
appropriated for the Joint Advanced Strike Technology program
pursuant to the authorizations in section 201 may be obligated
until a period of 30 days has expired after the report required
by subsection (d) is submitted to the congressional defense
committees.
(d) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report, in unclassified and
classified forms, not later than March 1, 1996, that sets forth
in detail the following information for the period 1997 through
2005:
(1) The total joint requirement, assuming the
capability to successfully conduct two nearly
simultaneous major regional contingencies, for the
following:
(A) Numbers of bombers, tactical combat
aircraft, and attack helicopters and the
characteristics required of those aircraft in
terms of capabilities, range, and low-
observability.
(B) Surface- and air-launched standoff
precision guided munitions.
(C) Cruise missiles.
(D) Ground-based systems, such as the
Extended Range-Multiple Launch Rocket System
and the Army Tactical Missile System (ATACMS),
for joint warfighting capability.
(2) The warning time assumptions for two nearly
simultaneous major regional contingencies, and the
effects on future tactical attack/fighter aircraft
requirements using other warning time assumptions.
(3) The requirements that exist for the Joint
Advanced Strike Technology program that cannot be met
by existing aircraft or by those in development.
SEC. 214. DEVELOPMENT OF LASER PROGRAM.
Of the amount authorized to be appropriated by section
201(2), $9,000,000 shall be used for the development by the
Naval High Energy Laser Office of a continuous wave,
superconducting radio frequency free electron laser program.
SEC. 215. NAVY MINE COUNTERMEASURES PROGRAM.
Section 216(a) of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat.
1317) is amended--
(1) by striking out ``Director, Defense Research
and Engineering'' and inserting in lieu thereof ``Under
Secretary of Defense for Acquisition and Technology'';
and
(2) by striking out ``fiscal years 1995 through
1999'' and inserting in lieu thereof ``fiscal years
1996 through 1999''.
SEC. 216. SPACE-BASED INFRARED SYSTEM.
(a) Program Baseline.--The Secretary of Defense shall
establish a program baseline for the Space-Based Infrared
System. Such baseline shall--
(1) include--
(A) program cost and an estimate of the
funds required for development and acquisition
activities for each fiscal year in which such
activities are planned to be carried out;
(B) a comprehensive schedule with program
milestones and exit criteria; and
(C) optimized performance parameters for
each segment of an integrated space-based
infrared system;
(2) be structured to achieve initial operational
capability of the low earth orbit space segment (the
Space and Missile Tracking System) in fiscal year 2003,
with a first launch of Block I satellites in fiscal
year 2002;
(3) ensure integration of the Space and Missile
Tracking System into the architecture of the Space-
Based Infrared System; and
(4) ensure that the performance parameters of all
space segment components are selected so as to optimize
the performance of the Space-Based Infrared System
while minimizing unnecessary redundancy and cost.
(b) Report on Program Baseline.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a
report, in classified and unclassified forms as necessary, on
the program baseline established under subsection (a).
(c) Establishment of Program Elements.--In the budget
justification materials submitted to Congress in support of the
Department of Defense budget for any fiscal year after fiscal
year 1996 (as submitted in the budget of the President under
section 1105(a) of title 31, United States Code), the amount
requested for the Space-Based Infrared System shall be set
forth in accordance with the following program elements:
(1) Space Segment High.
(2) Space Segment Low (Space and Missile Tracking
System).
(3) Ground Segment.
(d) Funding for Fiscal Year 1996.--Of the amounts
authorized to be appropriated pursuant to section 201(3) for
fiscal year 1996, or otherwise made available to the Department
of Defense for fiscal year 1996, the following amounts shall be
available for the Space-Based Infrared System:
(1) $265,744,000 for demonstration and validation,
of which $249,824,000 shall be available for the Space
and Missile Tracking System.
(2) $162,219,000 for engineering and manufacturing
development, of which $9,400,000 shall be available for
the Miniature Sensor Technology Integration program.
SEC. 217. DEFENSE NUCLEAR AGENCY PROGRAMS.
(a) Agency Funding.--Of the amounts authorized to be
appropriated to the Department of Defense in section 201,
$241,703,000 shall be available for the Defense Nuclear Agency.
(b) Tunnel Characterization and Neutralization Program.--Of
the amount made available under subsection (a), $3,000,000
shall be available for a tunnel characterization and
neutralization program to be managed by the Defense Nuclear
Agency as part of the counterproliferation activities of the
Department of Defense.
(c) Long-Term Radiation Tolerant Microelectronics
Program.--(1) Of the amount made available under subsection
(a), $6,000,000 shall be available for the establishment of a
long-term radiation tolerant microelectronics program to be
managed by the Defense Nuclear Agency for the purposes of--
(A) providing for the development of affordable and
effective hardening technologies and for incorporation
of such technologies into systems;
(B) sustaining the supporting industrial base; and
(C) ensuring that a use of a nuclear weapon in
regional threat scenarios does not interrupt or defeat
the continued operability of systems of the Armed
Forces exposed to the combined effects of radiation
emitted by the weapon.
(2) Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress
a report on how the long-term radiation tolerant
microelectronics program is to be conducted and funded in the
fiscal years after fiscal year 1996 that are covered by the
future-years defense program submitted to Congress in 1995.
(d) Electrothermal Gun Technology Program.--Of the amount
made available under subsection (a), $4,000,000 shall be
available for the electrothermal gun technology program of the
Defense Nuclear Agency.
SEC. 218. COUNTERPROLIFERATION SUPPORT PROGRAM.
(a) Funding.--Of the funds authorized to be appropriated to
the Department of Defense under section 201(4), $138,237,000
shall be available for the Counterproliferation Support
Program, of which $30,000,000 shall be available for a tactical
antisatellite technologies program.
(b) Additional Authority To Transfer Authorizations.--(1)
In addition to the transfer authority provided in section 1001,
upon determination by the Secretary of Defense that such action
is necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 1996 to
counterproliferation programs, projects, and activities
identified as areas for progress by the Counterproliferation
Program Review Committee established by section 1605 of the
National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160; 107 Stat. 1845). Amounts of authorizations so
transferred shall be merged with and be available for the same
purposes as the authorization to which transferred.
(2) The total amount of authorizations transferred under
the authority of this subsection may not exceed $50,000,000.
(3) The authority provided by this subsection to transfer
authorizations--
(A) may only be used to provide authority for items
that have a higher priority than the items from which
authority is transferred; and
(B) may not be used to provide authority for an
item that has been denied authorization by Congress.
(4) A transfer made from one account to another under the
authority of this subsection shall be deemed to increase the
amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(5) The Secretary of Defense shall promptly notify Congress
of transfers made under the authority of this subsection.
SEC. 219. NONLETHAL WEAPONS STUDY.
(a) Findings.--Congress finds the following:
(1) The role of the United States military in
operations other than war has increased.
(2) Weapons and instruments that are nonlethal in
application yet immobilizing could have widespread
operational utility and application.
(3) The use of nonlethal weapons in operations
other than war poses a number of important doctrine,
legal, policy, and operations questions which should be
addressed in a comprehensive and coordinated manner.
(4) The development of nonlethal technologies
continues to spread across military and agency budgets.
(5) The Department of Defense should provide
improved budgetary focus and management direction to
the nonlethal weapons program.
(b) Responsibility for Development of Nonlethal Weapons
Technology.--Not later than February 15, 1996, the Secretary of
Defense shall assign centralized responsibility for development
(and any other functional responsibility the Secretary
considers appropriate) of nonlethal weapons technology to an
existing office within the Office of the Secretary of Defense
or to a military service as the executive agent.
(c) Report.--Not later than February 15, 1996, the
Secretary of Defense shall submit to Congress a report setting
forth the following:
(1) The name of the office or military service
assigned responsibility for the nonlethal weapons
program by the Secretary of Defense pursuant to
subsection (b) and a discussion of the rationale for
such assignment.
(2) The degree to which nonlethal weapons are
required by more than one of the armed forces.
(3) The time frame for the development and
deployment of such weapons.
(4) The appropriate role of the military
departments and defense agencies in the development of
such weapons.
(5) The military doctrine, legal, policy, and
operational issues that must be addressed by the
Department of Defense before such weapons achieve
operational capability.
(d) Authorization.--Of the amount authorized to be
appropriated under section 201(4), $37,200,000 shall be
available for nonlethal weapons programs and nonlethal
technologies programs.
(e) Definition.--For purposes of this section, the term
``nonlethal weapon'' means a weapon or instrument the effect of
which on human targets is less than fatal.
SEC. 220. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS AND
UNIVERSITY-AFFILIATED RESEARCH CENTERS.
(a) Centers Covered.--Funds appropriated or otherwise made
available for the Department of Defense for fiscal year 1996
pursuant to an authorization of appropriations in section 201
may be obligated to procure work from a federally funded
research and development center (in this section referred to as
an ``FFRDC'') or a university-affiliated research center (in
this section referred to as a ``UARC'') only in the case of a
center named in the report required by subsection (b) and, in
the case of such a center, only in an amount not in excess of
the amount of the proposed funding level set forth for that
center in such report.
(b) Report on Allocations for Centers.--(1) Not later than
30 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report containing--
(A) the name of each FFRDC and UARC from which work
is proposed to be procured for the Department of
Defense for fiscal year 1996; and
(B) for each such center, the proposed funding
level and the estimated personnel level for fiscal year
1996.
(2) The total of the proposed funding levels set forth in
the report for all FFRDCs and UARCs may not exceed the amount
set forth in subsection (d).
(c) Limitation Pending Submission of Report.--Not more than
15 percent of the funds appropriated or otherwise made
available for the Department of Defense for fiscal year 1996
pursuant to an authorization of appropriations in section 201
for FFRDCs and UARCs may be obligated to procure work from an
FFRDC or UARC until the Secretary of Defense submits the report
required by subsection (b).
(d) Funding.--Of the amounts authorized to be appropriated
by section 201, not more than a total of $1,668,850,000 may be
obligated to procure services from the FFRDCs and UARCs named
in the report required by subsection (b).
(e) Authority To Waive Funding Limitation.--The Secretary
of Defense may waive the limitation regarding the maximum
funding amount that applies under subsection (a) to an FFRDC or
UARC. Whenever the Secretary proposes to make such a waiver,
the Secretary shall submit to the Committee on Armed Services
of the Senate and the Committee on National Security of the
House of Representatives notice of the proposed waiver and the
reasons for the waiver. The waiver may then be made only after
the end of the 60-day period that begins on the date on which
the notice is submitted to those committees, unless the
Secretary determines that it is essential to the national
security that funds be obligated for work at that center in
excess of that limitation before the end of such period and
notifies those committees of that determination and the reasons
for the determination.
(f) Five-Year Plan.--(1) The Secretary of Defense, in
consultation with the Secretaries of the military departments,
shall develop a five-year plan to reduce and consolidate the
activities performed by FFRDCs and UARCs and establish a
framework for the future workload of such centers.
(2) The plan shall--
(A) set forth the manner in which the Secretary of
Defense could achieve by October 1, 2000,
implementation by FFRDCs and UARCs of only those core
activities, as defined by the Secretary, that require
the unique capabilities and arrangements afforded by
such centers; and
(B) include an assessment of the number of
personnel needed in each FFRDC and UARC during each
year over the five years covered by the plan.
(3) Not later than February 1, 1996, the Secretary of
Defense shall submit to the congressional defense committees a
report on the plan required by this subsection.
SEC. 221. JOINT SEISMIC PROGRAM AND GLOBAL SEISMIC NETWORK.
Of the amount authorized to be appropriated under section
201(3), $9,500,000 shall be available for fiscal year 1996 (in
program element 61101F in the budget of the Department of
Defense for fiscal year 1996) for continuation of the Joint
Seismic Program and Global Seismic Network.
SEC. 222. HYDRA-70 ROCKET PRODUCT IMPROVEMENT PROGRAM.
(a) Funding Authorization.--Of the amount authorized to be
appropriated under section 201(1) for Other Missile Product
Improvement Programs, $10,000,000 is authorized to be
appropriated for a Hydra-70 rocket product improvement program
and to be made available under such program for full
qualification and operational platform certification of a
Hydra-70 rocket described in subsection (b) for use on the
Apache attack helicopter.
(b) Hydra-70 Rocket Covered.--The Hydra-70 rocket referred
to in subsection (a) is any Hydra-70 rocket that has as its
propulsion component a 2.75-inch rocket motor that is a
nondevelopmental item and uses a composite propellant.
(c) Competition Required.--The Secretary of the Army shall
conduct the product improvement program referred to in
subsection (a) with full and open competition.
(d) Submission of Technical Data Package Required.--Upon
the full qualification and operational platform certification
of a Hydra-70 rocket as described in subsection (a), the
contractor providing the rocket so qualified and certified
shall submit the technical data package for the rocket to the
Secretary of the Army. The Secretary shall use the technical
data package in competitions for contracts for the procurement
of Hydra-70 rockets described in subsection (b) for the Army.
(e) Definitions.--For purposes of this section, the terms
``full and open competition'' and ``nondevelopmental item''
have the meanings given such terms in section 4 of the Office
of Federal Procurement Policy Act (41 U.S.C. 403).
SEC. 223. LIMITATION ON OBLIGATION OF FUNDS UNTIL RECEIPT OF ELECTRONIC
COMBAT CONSOLIDATION MASTER PLAN.
(a) Limitation.--Not more than 75 percent of the amounts
appropriated or otherwise made available pursuant to the
authorization of appropriations in section 201 for test and
evaluation program elements 65896A, 65864N, 65807F, and 65804D
in the budget of the Department of Defense for fiscal year 1996
may be obligated until 14 days after the date on which the
congressional defense committees receive the plan specified in
subsection (b).
(b) Plan.--The plan referred to in subsection (a) is the
master plan for electronic combat consolidation described under
Defense-Wide Programs under Research, Development, Test, and
Evaluation in the Report of the Committee on Armed Services of
the House of Representatives on H.R. 4301 (House Report 103-
499), dated May 10, 1994.
SEC. 224. OBLIGATION OF CERTAIN FUNDS DELAYED UNTIL RECEIPT OF REPORT
ON SCIENCE AND TECHNOLOGY RESCISSIONS.
(a) Delay in Obligation of Certain Funds.--None of the
amounts appropriated or otherwise made available pursuant to
the authorization in section 201(4) may be obligated until 14
days after the date on which the congressional defense
committees receive a report by the Under Secretary of Defense
(Comptroller) that sets forth in detail the allocation of
rescissions for science and technology described in subsection
(b).
(b) Description of Rescissions.--The rescissions for
science and technology covered by subsection (a) are the Army,
Navy, Air Force, and Defense-wide science and technology (1995/
1996) rescissions that are made by the Emergency Supplemental
Appropriations and Rescissions for the Department of Defense to
Preserve and Enhance Military Readiness Act of 1995 (Public Law
104-6), as set forth in the Joint Explanatory Statement of the
Committee of Conference in the conference report accompanying
that Act (House Report 104-101).
SEC. 225. OBLIGATION OF CERTAIN FUNDS DELAYED UNTIL RECEIPT OF REPORT
ON REDUCTIONS IN RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION.
(a) Delay in Obligation of Certain Funds.--Not more than 50
percent of the amounts appropriated or otherwise made available
pursuant to the authorization in section 201(4) may be
obligated until 14 days after the date on which the
congressional defense committees receive a report by the Under
Secretary of Defense (Comptroller) that sets forth in detail
the allocation of reductions for research, development, test,
and evaluation described in subsection (b).
(b) Description of Reductions.--The reductions for
research, development, test, and evaluation covered by
subsection (a) are the following Army, Navy, Air Force, and
Defense-wide reductions, as required by the Department of
Defense Appropriations Act, 1996:
(1) General reductions.<greek-l>8129(b) deg.
(2) Reductions to reflect savings from revised
economic assumptions.<greek-l>8125 deg.
(3) Reductions to reflect the funding ceiling for
defense federally funded research and development
centers.<greek-l>8046(d) deg.
(4) Reductions for savings through improved
management of contractor automatic data processing
costs charged through indirect rates on Department of
Defense acquisition contracts.<greek-l>8101 deg.
SEC. 226. ADVANCED FIELD ARTILLERY SYSTEM (CRUSADER).
(a) Authority To Use Funds for Alternative Propellant
Technologies.--During fiscal year 1996, the Secretary of the
Army may use funds appropriated for the liquid propellant
portion of the Advanced Field Artillery System (Crusader)
program for fiscal year 1996 for alternative propellant
technologies and integration of those technologies into the
design of the Crusader if--
(1) the Secretary determines that the technical
risk associated with liquid propellant will increase
costs and delay the initial operational capability of
the Crusader; and
(2) the Secretary notifies the congressional
defense committees of the proposed use of the funds and
the reasons for the proposed use of the funds.
(b) Limitation.--The Secretary of the Army may not spend
funds for the liquid propellant portion of the Crusader program
after August 15, 1996, unless--
(1) the report required by subsection (c) has been
submitted by that date; and
(2) such report includes documentation of
significant progress, as determined by the Secretary,
toward meeting the objectives for the liquid propellant
portion of the program, as set forth in the baseline
description for the Crusader program and approved by
the Office of the Secretary of Defense on January 4,
1995.
(c) Report Required.--Not later than August 1, 1996, the
Secretary of the Army shall submit to the congressional defense
committees a report containing documentation of the progress
being made in meeting the objectives set forth in the baseline
description for the Crusader program and approved by the Office
of the Secretary of Defense on January 4, 1995. The report
shall specifically address the progress being made toward
meeting the following objectives:
(1) Establishment of breech and ignition design
criteria for rate of fire for the cannon of the
Crusader.
(2) Selection of a satisfactory ignition concept
for the next prototype of the cannon.
(3) Selection, on the basis of modeling and
simulation, of design concepts to prevent chamber
piston reversals, and validation of the selected
concepts by gun and mock chamber firings.
(4) Achievement of an understanding of the
chemistry and physics of propellant burn resulting from
the firing of liquid propellant into any target zone,
and achievement, on the basis of modeling and
simulation, of an ignition process that is predictable.
(5) Completion of an analysis of the management of
heat dissipation for the full range of performance
requirements for the cannon, completion of concept
designs supported by that analysis, and proposal of
such concept designs for engineering.
(6) Development, for integration into the next
prototype of the cannon, of engineering designs to
control pressure oscillations in the chamber of the
cannon during firing.
(7) Completion of an assessment of the sensitivity
of liquid propellant to contamination by various
materials to which it may be exposed throughout the
handling and operation of the cannon, and documentation
of predictable reactions of contaminated or sensitized
liquid propellant.
(d) Additional Matters To Be Covered by Report.--The report
required by subsection (c) also shall contain the following:
(1) An assertion that all the known hazards
associated with liquid propellant have been identified
and are controllable to acceptable levels.
(2) An assessment of the technology for each
component of the Crusader (the cannon, vehicle, and
crew module), including, for each performance goal of
the Crusader program (including the goal for total
system weight), information about the maturity of the
technology to achieve that goal, the maturity of the
design of the technology, and the manner in which the
design has been proven (for example, through
simulation, bench testing, or weapon firing).
(3) An assessment of the cost of continued
development of the Crusader after August 1, 1996, and
the cost of each unit of the Crusader in the year the
Crusader will be completed.
SEC. 227. DEMILITARIZATION OF CONVENTIONAL MUNITIONS, ROCKETS, AND
EXPLOSIVES.
Of the amount appropriated pursuant to the authorization in
section 201 for explosives demilitarization technology,
$15,000,000 shall be available to establish an integrated
program for the development and demonstration of conventional
munitions and explosives demilitarization technologies that
comply with applicable environmental laws for the
demilitarization and disposal of unserviceable, obsolete, or
nontreaty compliant munitions, rocket motors, and explosives.
SEC. 228. DEFENSE AIRBORNE RECONNAISSANCE PROGRAM.
(a) Limitation.--Not more than three percent of the total
amount appropriated for research and development under the
Defense Airborne Reconnaissance program pursuant to the
authorizations of appropriations in section 201 may be
obligated for systems engineering and technical assistance
(SETA) contracts until--
(1) funds are obligated (out of such appropriated
funds) for--
(A) the upgrade of U-2 aircraft senior year
electro-optical reconnaissance sensors to the
newest configuration; and
(B) the upgrade of the U-2 SIGINT system;
and
(2) the Under Secretary of Defense for Acquisition
and Technology submits the report required under
subsection (b).
(b) Report on U-2-Related Upgrades.--(1) Not later than
April 1, 1996, the Under Secretary of Defense for Acquisition
and Technology shall transmit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report on obligations of
funds for upgrades relating to airborne reconnaissance by U-2
aircraft.
(2) The report shall set forth the specific purposes under
the general purposes described in subparagraphs (A) and (B) of
subsection (a)(1) for which funds have been obligated (as of
the date of the report) and the amounts that have been
obligated (as of such date) for those specific purposes.
Subtitle C--Ballistic Missile Defense Act of 1995
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ``Ballistic Missile
Defense Act of 1995''.
SEC. 232. FINDINGS.
Congress makes the following findings:
(1) The emerging threat that is posed to the
national security interests of the United States by the
proliferation of ballistic missiles is significant and
growing, both in terms of numbers of missiles and in
terms of the technical capabilities of those missiles.
(2) The deployment of ballistic missile defenses is
a necessary, but not sufficient, element of a broader
strategy to discourage both the proliferation of
weapons of mass destruction and the proliferation of
the means of their delivery and to defend against the
consequences of such proliferation.
(3) The deployment of effective Theater Missile
Defense systems can deter potential adversaries of the
United States from escalating a conflict by threatening
or attacking United States forces or the forces or
territory of coalition partners or allies of the United
States with ballistic missiles armed with weapons of
mass destruction to offset the operational and
technical advantages of the United States and its
coalition partners and allies.
(4) United States intelligence officials have
provided intelligence estimates to congressional
committees that (A) the trend in missile proliferation
is toward longer range and more sophisticated ballistic
missiles, (B) North Korea may deploy an
intercontinental ballistic missile capable of reaching
Alaska or beyond within five years, and (C) although a
new, indigenously developed ballastic missile threat to
the continental United States is not foreseen within
the next ten years, determined countries can acquire
intercontinental ballistic missiles in the near future
and with little warning by means other than indigenous
development.
(5) The development and deployment by the United
States and its allies of effective defenses against
ballistic missiles of all ranges will reduce the
incentives for countries to acquire such missiles or to
augment existing missile capabilities.
(6) The concept of mutual assured destruction
(based upon an offense-only form of deterrence), which
is the major philosophical rationale underlying the ABM
Treaty, is now questionable as a basis for stability in
a multipolar world in which the United States and the
states of the former Soviet Union are seeking to
normalize relations and eliminate Cold War attitudes
and arrangements.
(7) The development and deployment of a National
Missile Defense system against the threat of limited
ballistic missile attacks--
(A) would strengthen deterrence at the
levels of forces agreed to by the United States
and Russia under the Strategic Arms Reduction
Talks Treaty (START-I); and
(B) would further strengthen deterrence if
reductions below the levels permitted under
START-I should be agreed to and implemented in
the future.
(8) The distinction made during the Cold War, based
upon the technology of the time, between strategic
ballistic missiles and nonstrategic ballistic missiles,
which resulted in the distinction made in the ABM
Treaty between strategic defense and nonstrategic
defense, has become obsolete because of technological
advancement (including the development by North Korea
of long-range Taepo-Dong I and Taepo-Dong II missiles)
and, therefore, that distinction in the ABM Treaty
should be reviewed.
SEC. 233. BALLISTIC MISSILE DEFENSE POLICY.
It is the policy of the United States--
(1) to deploy affordable and operationally
effective theater missile defenses to protect forward-
deployed and expeditionary elements of the Armed Forces
of the United States and to complement the missile
defense capabilities of forces of coalition partners
and of allies of the United States;
(2) to--
(A) deploy a National Missile Defense
system that--
(i) is affordable and operationally
effective against limited, accidental,
or unauthorized ballistic missile
attacks on the territory of the United
States; and
(ii) can be augmented over time as
the threat changes to provide a layered
defense against limited, accidental, or
unauthorized ballistic missile threats;
(B) initiate negotiations with the Russian
Federation as necessary to provide for the
National Missile Defense system specified in
section 235; and
(C) consider, if those negotiations fail,
the option of withdrawing from the ABM Treaty
in accordance with the provisions of Article XV
of that treaty, subject to consultations
between the President and the Congress;
(3) to ensure congressional review, before
deployment of the system specified in paragraph (2), of
(A) the affordability and operational effectiveness of
such system, (B) the threat to be countered by such a
system, and (C) ABM Treaty considerations with respect
to such a system; and
(4) to seek a cooperative, negotiated transition to
a regime that does not feature an offense-only form of
deterrence as the basis for strategic stability.
SEC. 234. THEATER MISSILE DEFENSE ARCHITECTURE.
(a) Establishment of Core Program.--To implement the policy
established in paragraph (1) of section 233, the Secretary of
Defense shall restructure the core theater missile defense
program to consist of the following systems, to be carried out
so as to achieve the specified capabilities:
(1) The Patriot PAC-3 system, with a first unit
equipped (FUE) during fiscal year 1998.
(2) The Navy Lower Tier (Area) system, with a user
operational evaluation system (UOES) capability during
fiscal year 1997 and an initial operational capability
(IOC) during fiscal year 1999.
(3) The Theater High-Altitude Area Defense (THAAD)
system, with a user operational evaluation system
(UOES) capability not later than fiscal year 1998 and a
first unit equipped (FUE) not later than fiscal year
2000.
(4) The Navy Upper Tier (Theater Wide) system, with
a user operational evaluation system (UOES) capability
during fiscal year 1999 and an initial operational
capability (IOC) during fiscal year 2001.
(b) Use of Streamlined Acquisition Procedures.--The
Secretary of Defense shall prescribe and use streamlined
acquisition policies and procedures to reduce the cost and
increase the efficiency of developing and deploying the theater
missile defense systems specified in subsection (a).
(c) Interoperability and Support of Core Systems.--To
maximize effectiveness and flexibility of the systems
comprising the core theater missile defense program, the
Secretary of Defense shall ensure that those systems are
integrated and complementary and are fully capable of
exploiting external sensor and battle management support from
systems such as--
(A) the Cooperative Engagement Capability (CEC)
system of the Navy;
(B) airborne sensors; and
(C) space-based sensors (including, in particular,
the Space and Missile Tracking System).
(d) Follow-on Systems.--(1) The Secretary of Defense shall
prepare an affordable development plan for theater missile
defense systems to be developed as follow-on systems to the
core systems specified in subsection (a). The Secretary shall
make the selection of a system for inclusion in the plan based
on the capability of the system to satisfy military
requirements not met by the systems in the core program and on
the capability of the system to use prior investments in
technologies, infrastructure, and battle-management
capabilities that are incorporated in, or associated with, the
systems in the core program.
(2) The Secretary may not proceed with the development of a
follow-on theater missile defense system beyond the
Demonstration/Validation stage of development unless the
Secretary designates that system as a part of the core program
under this section and submits to the congressional defense
committees notice of that designation. The Secretary shall
include with any such notification a report describing--
(A) the requirements for the system and the
specific threats that such system is designed to
counter;
(B) how the system will relate to, support, and
build upon existing core systems;
(C) the planned acquisition strategy for the
system; and
(D) a preliminary estimate of total program cost
for that system and the effect of development and
acquisition of such system on Department of Defense
budget projections.
(e) Program Accountability Report.--(1) As part of the
annual report of the Ballistic Missile Defense Organization
required by section 224 of Public Law 101-189 (10 U.S.C. 2431
note), the Secretary of Defense shall describe the technical
milestones, the schedule, and the cost of each phase of
development and acquisition (together with total estimated
program costs) for each core and follow-on theater missile
defense program.
(2) As part of such report, the Secretary shall describe,
with respect to each program covered in the report, any
variance in the technical milestones, program schedule
milestones, and costs for the program compared with the
information relating to that program in the report submitted in
the previous year and in the report submitted in the first year
in which that program was covered.
(f) Reports on TMD System Limitations Under ABM Treaty.--
(1) Whenever, after January 1, 1993, the Secretary of Defense
issues a certification with respect to the compliance of a
particular Theater Missile Defense system with the ABM Treaty,
the Secretary shall transmit to the Committee on Armed Services
of the Senate and the Committee on National Security of the
House of Representatives a copy of such certification. Such
transmittal shall be made not later than 30 days after the date
on which such certification is issued, except that in the case
of a certification issued before the date of the enactment of
this Act, such transmittal shall be made not later than 60 days
after the date of the enactment of this Act.
(2) If a certification under paragraph (1) is based on
application of a policy concerning United States compliance
with the ABM Treaty that differs from the policy of the United
States specified in section 237(b)(1), the Secretary shall
include with the transmittal under that paragraph a report
providing a detailed assessment of--
(A) how the policy applied differs from the policy
of the United States specified in section 237(b)(1);
and
(B) how the application of that policy (rather than
the policy specified in section 237(b)(1)) will affect
the cost, schedule, and performance of that system.
SEC. 235. NATIONAL MISSILE DEFENSE SYSTEM ARCHITECTURE.
(a) Requirement for Development of System.--To implement
the policy established in paragraph (2) of section 233, the
Secretary of Defense shall develop for deployment an affordable
and operationally effective National Missile Defense (NMD)
system which shall achieve an initial operational capability
(IOC) by the end of 2003.
(b) Elements of the NMD System.--The system to be developed
for deployment shall include the following elements:
(1) Ground-based interceptors capable of being
deployed at multiple sites, the locations and numbers
of which are to be determined so as to optimize
defensive coverage of the continental United States,
Alaska, and Hawaii against limited, accidental, or
unauthorized ballistic missile attacks.
(2) Fixed ground-based radars.
(3) Space-based sensors, including the type of
space-based sensors known as ABM-adjunct sensors (and
specifically including the system known as the Space
and Missile Tracking System), such ABM-adjunct
sensors--
(A) not being prohibited by the ABM Treaty;
and
(B) being capable of cuing ground-based
anti-ballistic missile interceptors and of
providing initial targeting vectors.
(4) Battle management, command, control, and
communications (BM/C<SUP>3).
(c) Implementation.--The Secretary shall--
(1) during fiscal year 1996 initiate required
preparatory and planning actions (such as initial site
surveys and selection and planning for the necessary
environmental impact studies) that are necessary so as
to be capable of meeting the initial operational
capability (IOC) date specified in subsection (a);
(2) plan to conduct by the end of 1998 an
integrated systems test which uses elements (including
BM/C<SUP>3 elements) that are representative of and
traceable to the national missile defense system
architecture specified in subsection (b);
(3) prescribe and use streamlined acquisition
policies and procedures to reduce the cost and increase
the efficiency of developing the system specified in
subsection (b); and
(4) develop an affordable NMD follow-on program
which--
(A) leverages off of the NMD system
specified in subsection (a), and
(B) can augment that system, as the threat
changes, to provide for a layered defense.
(d) Report on Plan for NMD System Development and
Deployment.--Not later than the date on which the President
submits the budget for fiscal year 1997 under section 1105 of
title 31, United States Code, the Secretary of Defense shall
submit to the congressional defense committees a report
containing the following matters:
(1) The Secretary's plan for carrying out this
section.
(2) The Secretary's estimate of the appropriations
required for research, development, test, evaluation,
and for procurement, for each of fiscal years 1997
through 2003 in order to achieve the initial
operational capability date specified in subsection
(a).
(3) A sensitivity analysis of options to improve
the effectiveness of such system by adding one or a
combination of the following:
(A) Additional ground-based interceptors.
(B) Sea-based missile defense systems.
(C) Space-based kinetic energy
interceptors.
(D) Space-based directed energy systems.
(4) A determination of the point at which any
activity that is required to be carried out under this
section and section 233(2) would conflict with the
terms of the ABM Treaty, together with a description of
any such activity, the legal basis for the Secretary's
determination, and an estimate of the time at which
such point would be reached in order to meet the
initial operational capability date specified in
subsection (a).
SEC. 236. POLICY REGARDING THE ABM TREATY.
(a) Findings.--Congress makes the following findings:
(1) Article XIII of the ABM Treaty envisions
``possible changes in the strategic situation which
have a bearing on the provisions of this treaty''.
(2) Articles XIII and XIV of the treaty establish
means for the parties to amend the treaty, and the
parties have in the past used those means to amend the
treaty.
(3) Article XV of the treaty establishes the means
for a party to withdraw from the treaty, upon six
months notice ``if it decides that extraordinary events
related to the subject matter of this treaty have
jeopardized its supreme interests''.
(4) The policies, programs, and requirements of
this subtitle can be accomplished through processes
specified within, or consistent with, the ABM Treaty,
which anticipates the need and provides the means for
amendment to the Treaty.
(5) Previous discussions between the United States
and Russia, based on Russian President Yeltsin's
proposal for a Global Protection System, held promise
of an agreement to amend the ABM Treaty to allow (among
other measures) deployment of as many as four ground-
based interceptor sites in addition to the one site
permitted under the ABM Treaty and unrestricted
exploitation of sensors based within the atmosphere and
in space.
(b) ABM Treaty Negotiations.--In light of the findings in
subsection (a), Congress urges the President to pursue high-
level discussions with the Russian Federation to amend the ABM
Treaty to allow--
(1) deployment of multiple ground-based ABM sites
to provide effective defense of the territory of the
United States against limited ballistic missile attack;
(2) the unrestricted exploitation of sensors based
within the atmosphere and in space; and
(3) increased flexibility for development, testing,
and deployment of follow-on NMD systems.
SEC. 237. PROHIBITION ON USE OF FUNDS TO IMPLEMENT AN INTERNATIONAL
AGREEMENT CONCERNING THEATER MISSILE DEFENSE
SYSTEMS.
(a) Findings.--(1) Congress hereby reaffirms--
(A) the finding in section 234(a)(7) of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1595; 10 U.S.C. 2431
note) that the ABM Treaty was not intended to, and does
not, apply to or limit research, development, testing,
or deployment of missile defense systems, system
upgrades, or system components that are designed to
counter modern theater ballistic missiles, regardless
of the capabilities of such missiles, unless those
systems, system upgrades, or system components are
tested against or have demonstrated capabilities to
counter modern strategic ballistic missiles; and
(B) the statement in section 232 of the National
Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 108 Stat. 2700) that the United States
shall not be bound by any international agreement
entered into by the President that would substantively
modify the ABM Treaty unless the agreement is entered
into pursuant to the treaty making power of the
President under the Constitution.
(2) Congress also finds that the demarcation standard
described in subsection (b)(1) for compliance of a missile
defense system, system upgrade, or system component with the
ABM Treaty is based upon current technology.
(b) Sense of Congress Concerning Compliance Policy.--It is
the sense of Congress that--
(1) unless a missile defense system, system
upgrade, or system component (including one that
exploits data from space-based or other external
sensors) is flight tested in an ABM-qualifying flight
test (as defined in subsection (e)), that system,
system upgrade, or system component has not, for
purposes of the ABM Treaty, been tested in an ABM mode
nor been given capabilities to counter strategic
ballistic missiles and, therefore, is not subject to
any application, limitation, or obligation under the
ABM Treaty ; and
(2) any international agreement that would limit
the research, development, testing, or deployment of
missile defense systems, system upgrades, or system
components that are designed to counter modern theater
ballistic missiles in a manner that would be more
restrictive than the compliance criteria specified in
paragraph (1) should be entered into only pursuant to
the treaty making powers of the President under the
Constitution.
(c) Prohibition on Funding.--Funds appropriated or
otherwise made available to the Department of Defense for
fiscal year 1996 may not be obligated or expended to implement
an agreement, or any understanding with respect to
interpretation of the ABM Treaty, between the United States and
any of the independent states of the former Soviet Union
entered into after January 1, 1995, that--
(1) would establish a demarcation between theater
missile defense systems and anti-ballistic missile
systems for purposes of the ABM Treaty; or
(2) would restrict the performance, operation, or
deployment of United States theater missile defense
systems.
(d) Exceptions.--Subsection (c) does not apply--
(1) to the extent provided by law in an Act enacted
after this Act;
(2) to expenditures to implement that portion of
any such agreement or understanding that implements the
policy set forth in subsection (b)(1); or
(3) to expenditures to implement any such agreement
or understanding that is approved as a treaty or by
law.
(e) ABM-Qualifying Flight Test Defined.--For purposes of
this section, an ABM-qualifying flight test is a flight test
against a ballistic missile which, in that flight test, exceeds
(1) a range of 3,500 kilometers, or (2) a velocity of 5
kilometers per second.
SEC. 238. BALLISTIC MISSILE DEFENSE COOPERATION WITH ALLIES.
It is in the interest of the United States to develop its
own missile defense capabilities in a manner that will permit
the United States to complement the missile defense
capabilities developed and deployed by its allies and possible
coalition partners. Therefore, the Congress urges the
President--
(1) to pursue high-level discussions with allies of
the United States and selected other states on the
means and methods by which the parties on a bilateral
basis can cooperate in the development, deployment, and
operation of ballistic missile defenses;
(2) to take the initiative within the North
Atlantic Treaty Organization to develop consensus in
the Alliance for a timely deployment of effective
ballistic missile defenses by the Alliance; and
(3) in the interim, to seek agreement with allies
of the United States and selected other states on steps
the parties should take, consistent with their national
interests, to reduce the risks posed by the threat of
limited ballistic missile attacks, such steps to
include--
(A) the sharing of early warning
information derived from sensors deployed by
the United States and other states;
(B) the exchange on a reciprocal basis of
technical data and technology to support both
joint development programs and the sale and
purchase of missile defense systems and
components; and
(C) operational level planning to exploit
current missile defense capabilities and to
help define future requirements.
SEC. 239. ABM TREATY DEFINED.
For purposes of this subtitle, the term ``ABM Treaty''
means the Treaty Between the United States of America and the
Union of Soviet Socialist Republics on the Limitation of Anti-
Ballistic Missile Systems, and signed at Moscow on May 26,
1972, and includes the Protocols to that Treaty, signed at
Moscow on July 3, 1974.
SEC. 240. REPEAL OF MISSILE DEFENSE ACT OF 1991.
The Missile Defense Act of 1991 (10 U.S.C. 2431 note) is
repealed.
Subtitle D--Other Ballistic Missile Defense Provisions
SEC. 251. BALLISTIC MISSILE DEFENSE PROGRAM ELEMENTS.
(a) Elements Specified.--In the budget justification
materials submitted to Congress in support of the Department of
Defense budget for any fiscal year after fiscal year 1996 (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code), the amount requested
for activities of the Ballistic Missile Defense Organization
shall be set forth in accordance with the following program
elements:
(1) The Patriot system.
(2) The Navy Lower Tier (Area) system.
(3) The Theater High-Altitude Area Defense (THAAD)
system.
(4) The Navy Upper Tier (Theater Wide) system.
(5) The Corps Surface-to-Air Missile (SAM) system.
(6) Other Theater Missile Defense Activities.
(7) National Missile Defense.
(8) Follow-On and Support Technologies.
(b) Treatment of Core Theater Missile Defense Programs.--
Amounts requested for core theater missile defense programs
specified in section 234 shall be specified in individual,
dedicated program elements, and amounts appropriated for such
programs shall be available only for activities covered by
those program elements.
(c) BM/C<SUP>3I Programs.--Amounts requested for programs,
projects, and activities involving battle management, command,
control, communications, and intelligence (BM/C<SUP>3I) shall
be included in the ``Other Theater Missile Defense Activities''
program element or the ``National Missile Defense'' program
element, as determined on the basis of the primary objectives
involved.
(d) Management and Support.--Each program element shall
include requests for the amounts necessary for the management
and support of the programs, projects, and activities contained
in that program element.
SEC. 252. TESTING OF THEATER MISSILE DEFENSE INTERCEPTORS.
Subsection (a) of section 237 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107
Stat. 1600) is amended to read as follows:
``(a) Testing of Theater Missile Defense Interceptors.--(1)
The Secretary of Defense may not approve a theater missile
defense interceptor program proceeding beyond the low-rate
initial production acquisition stage until the Secretary
certifies to the congressional defense committees that such
program has successfully completed initial operational test and
evaluation.
``(2) In order to be certified under paragraph (1) as
having been successfully completed, the initial operational
test and evaluation conducted with respect to an interceptors
program must have included flight tests--
``(A) that were conducted with multiple
interceptors and multiple targets in the presence of
realistic countermeasures; and
``(B) the results of which demonstrate the
achievement by the interceptors of the baseline
performance thresholds.
``(3) For purposes of this subsection, the baseline
performance thresholds with respect to a program are the
weapons systems performance thresholds specified in the
baseline description for the system established (pursuant to
section 2435(a)(1) of title 10, United States Code) before the
program entered the engineering and manufacturing development
stage.
``(4) The number of flight tests described in paragraph (2)
that are required in order to make the certification under
paragraph (1) shall be a number determined by the Secretary of
Defense to be sufficient for the purposes of this section.
``(5) The Secretary may augment live-fire testing to
demonstrate weapons system performance goals for purposes of
the certification under paragraph (1) through the use of
modeling and simulation that is validated by ground and flight
testing.''.
SEC. 253. REPEAL OF MISSILE DEFENSE PROVISIONS.
The following provisions of law are repealed:
(1) Section 222 of the Department of Defense
Authorization Act, 1986 (Public Law 99-145; 99 Stat.
613; 10 U.S.C. 2431 note).
(2) Section 225 of the Department of Defense
Authorization Act, 1986 (Public Law 99-145; 99 Stat.
614).
(3) Section 226 of the National Defense
Authorization Act for Fiscal Years 1988 and 1989
(Public Law 100-180; 101 Stat. 1057; 10 U.S.C. 2431
note).
(4) Section 8123 of the Department of Defense
Appropriations Act, 1989 (Public Law 100-463; 102 Stat.
2270-40).
(5) Section 8133 of the Department of Defense
Appropriations Act, 1992 (Public Law 102-172; 105 Stat.
1211).
(6) Section 234 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 107 Stat. 1595; 10 U.S.C. 2431 note).
(7) Section 242 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 107 Stat. 1603; 10 U.S.C. 2431 note).
(8) Section 235 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2701; 10 U.S.C. 221 note).
(9) Section 2609 of title 10, United States Code.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
SEC. 261. PRECISION-GUIDED MUNITIONS.
(a) Analysis Required.--The Secretary of Defense shall
perform an analysis of the full range of precision-guided
munitions in production and in research, development, test, and
evaluation in order to determine the following:
(1) The numbers and types of precision-guided
munitions that are needed to provide complementary
capabilities against each target class.
(2) The feasibility of carrying out joint
development and procurement of additional types of
munitions by more than one of the Armed Forces.
(3) The feasibility of integrating a particular
precision-guided munition on multiple service
platforms.
(4) The economy and effectiveness of continuing the
acquisition of--
(A) interim precision-guided munitions; or
(B) precision-guided munitions that, as a
result of being procured in decreasing numbers
to meet decreasing quantity requirements, have
increased in cost per unit by more than 50
percent over the cost per unit for such
munitions as of December 1, 1991.
(b) Report.--(1) Not later than April 15, 1996, the
Secretary shall submit to Congress a report on the findings and
other results of the analysis.
(2) The report shall include a detailed discussion of the
process by which the Department of Defense--
(A) approves the development of new precision-
guided munitions;
(B) avoids duplication and redundancy in the
precision-guided munitions programs of the Army, Navy,
Air Force, and Marine Corps;
(C) ensures rationality in the relationship between
the funding plans for precision-guided munitions
modernization for fiscal years following fiscal year
1996 and the costs of such modernization for those
fiscal years; and
(D) identifies by name and function each person
responsible for approving each new precision-guided
munition for initial low-rate production.
(c) Funding Limitation.--Funds authorized to be
appropriated by this Act may not be expended for research,
development, test, and evaluation or procurement of interim
precision-guided munitions after April 15, 1996, unless the
Secretary of Defense has submitted the report under subsection
(b).
(d) Interim Precision-Guided Munition Defined.--For
purposes of subsection (c), a precision-guided munition is an
interim precision-guided munition if the munition is being
procured in fiscal year 1996, but funding is not proposed for
additional procurement of the munition in the fiscal years
after fiscal year 1996 that are covered by the future years
defense program submitted to Congress in 1995 under section
221(a) of title 10, United States Code.
SEC. 262. REVIEW OF C<SUP>4I BY NATIONAL RESEARCH COUNCIL.
(a) Review by National Research Council.--Not later than 90
days after the date of the enactment of this Act, the Secretary
of Defense shall request the National Research Council of the
National Academy of Sciences to conduct a comprehensive review
of current and planned service and defense-wide programs for
command, control, communications, computers, and intelligence
(C<SUP>4I) with a special focus on cross-service and inter-
service issues.
(b) Matters To Be Assessed in Review.--The review shall
address the following:
(1) The match between the capabilities provided by
current service and defense-wide C<SUP>4I programs and
the actual needs of users of these programs.
(2) The interoperability of service and defense-
wide C<SUP>4I systems that are planned to be
operational in the future.
(3) The need for an overall defense-wide
architecture for C<SUP>4I.
(4) Proposed strategies for ensuring that future
C<SUP>4I acquisitions are compatible and interoperable
with an overall architecture.
(5) Technological and administrative aspects of the
C<SUP>4I modernization effort to determine the
soundness of the underlying plan and the extent to
which it is consistent with concepts for joint military
operations in the future.
(c) Two-Year Period for Conducting Review.--The review
shall be conducted over the two-year period beginning on the
date on which the National Research Council and the Secretary
of Defense enter into a contract or other agreement for the
conduct of the review.
(d) Reports.--(1) In the contract or other agreement for
the conduct of the review, the Secretary of Defense shall
provide that the National Research Council shall submit to the
Department of Defense and Congress interim reports and progress
updates on a regular basis as the review proceeds. A final
report on the review shall set forth the findings, conclusions,
and recommendations of the Council for defense-wide and service
C<SUP>4I programs and shall be submitted to the Committee on
Armed Services of the Senate, the Committee on National
Security of the House of Representatives, and the Secretary of
Defense.
(2) To the maximum degree possible, the final report shall
be submitted in unclassified form with classified annexes as
necessary.
(e) Interagency Cooperation With Study.--All military
departments, defense agencies, and other components of the
Department of Defense shall cooperate fully with the National
Research Council in its activities in carrying out the review
under this section.
(f) Expedited Processing of Security Clearances for
Study.--For the purpose of facilitating the commencement of the
study under this section, the Secretary of Defense shall
expedite to the fullest degree possible the processing of
security clearances that are necessary for the National
Research Council to conduct the study.
(g) Funding.--Of the amount authorized to be appropriated
in section 201 for defense-wide activities, $900,000 shall be
available for the study under this section.
SEC. 263. ANALYSIS OF CONSOLIDATION OF BASIC RESEARCH ACCOUNTS OF
MILITARY DEPARTMENTS.
(a) Analysis Required.--The Secretary of Defense shall
conduct an analysis of the cost and effectiveness of
consolidating the basic research accounts of the military
departments. The analysis shall determine potential
infrastructure savings and other benefits of co-locating and
consolidating the management of basic research.
(b) Deadline.--On or before March 1, 1996, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a report on the analysis conducted under
subsection (a).
SEC. 264. CHANGE IN REPORTING PERIOD FROM CALENDAR YEAR TO FISCAL YEAR
FOR ANNUAL REPORT ON CERTAIN CONTRACTS TO COLLEGES
AND UNIVERSITIES.
Section 2361(c)(2) of title 10, United States Code, is
amended--
(1) by striking out ``calendar year'' and inserting
in lieu thereof ``fiscal year''; and
(2) by striking out ``the year after the year'' and
inserting in lieu thereof ``the fiscal year after the
fiscal year''.
SEC. 265. AERONAUTICAL RESEARCH AND TEST CAPABILITIES ASSESSMENT.
(a) Findings.--Congress finds the following:
(1) It is in the Nation's long-term national
security interests for the United States to maintain
preeminence in the area of aeronautical research and
test capabilities.
(2) Continued advances in aeronautical science and
engineering are critical to sustaining the strategic
and tactical air superiority of the United States and
coalition forces, as well as United States economic
security and international aerospace leadership.
(3) It is in the national security and economic
interests of the United States and the budgetary
interests of the Department of Defense for the
department to encourage the establishment of active
partnerships between the department and other
Government agencies, academic institutions, and private
industry to develop, maintain, and enhance aeronautical
research and test capabilities.
(b) Review.--The Secretary of Defense shall conduct a
comprehensive review of the aeronautical research and test
facilities and capabilities of the United States in order to
assess the current condition of such facilities and
capabilities.
(c) Report.--(1) Not later than March 1, 1996, the
Secretary of Defense shall submit to the congressional defense
committees a report setting forth in detail the findings of the
review required by subsection (b).
(2) The report shall include the following:
(A) The options for providing affordable, operable,
reliable, and responsive long-term aeronautical
research and test capabilities for military and
civilian purposes and for the organization and conduct
of such capabilities within the Department or through
shared operations with other Government agencies,
academic institutions, and private industry.
(B) The projected costs of such options, including
costs of acquisition and technical and financial
arrangements (including the use of Government
facilities for reimbursable private use).
(C) Recommendations on the most efficient and
economic means of developing, maintaining, and
continually modernizing aeronautical research and test
capabilities to meet current, planned, and prospective
military and civilian needs.
Subtitle F--Other Matters
SEC. 271. ADVANCED LITHOGRAPHY PROGRAM.
Section 216 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2693) is
amended--
(1) in subsection (a), by striking out ``to help
achieve'' and all that follows through the end of the
subsection and inserting in lieu thereof ``to ensure
that lithographic processes being developed by United
States-owned companies or United States-incorporated
companies operating in the United States will lead to
superior performance electronics systems for the
Department of Defense.'';
(2) in subsection (b), by adding at the end the
following new paragraph:
``(3) The Director of the Defense Advanced Research
Projects Agency may set priorities and funding levels for
various technologies being developed for the ALP and shall
consider funding recommendations made by the Semiconductor
Industry Association as being advisory in nature.'';
(3) in subsection (c)--
(A) by inserting ``Defense'' before
``Advanced''; and
(B) by striking out ``ARPA'' both places it
appears and inserting in lieu thereof
``DARPA''; and
(4) by adding at the end the following:
``(d) Definitions.--In this section:
``(1) The term `United States-owned company' means
a company the majority ownership or control of which is
held by citizens of the United States.
``(2) The term `United States-incorporated company'
means a company that the Secretary of Defense finds is
incorporated in the United States and has a parent
company that is incorporated in a country--
``(A) that affords to United States-owned
companies opportunities, comparable to those
afforded to any other company, to participate
in any joint venture similar to those
authorized under section 28 of the National
Institute of Standards and Technology Act (15
U.S.C. 278n);
``(B) that affords to United States-owned
companies local investment opportunities
comparable to those afforded to any other
company; and
``(C) that affords adequate and effective
protection for the intellectual property rights
of United States-owned companies.''.
SEC. 272. ENHANCED FIBER OPTIC GUIDED MISSILE (EFOG-M) SYSTEM .
(a) Limitations.--(1) The Secretary of the Army may not
obligate more than $280,000,000 (based on fiscal year 1995
constant dollars) to develop and deliver for test and
evaluation by the Army the following items:
(A) 44 enhanced fiber optic guided test missiles.
(B) 256 fully operational enhanced fiber optic
guided missiles.
(C) 12 fully operational fire units.
(2) The Secretary of the Army may not spend funds for the
enhanced fiber optic guided missile (EFOG-M) system after
September 30, 1998, if the items described in paragraph (1)
have not been delivered to the Army by that date and at a cost
not greater than the amount set forth in paragraph (1).
(3) The Secretary of the Army may not enter into an
advanced development phase for the EFOG-M system unless--
(A) an advanced concept technology demonstration of
the system has been successfully completed; and
(B) the Secretary certifies to the congressional
defense committees that there is a requirement for the
EFOG-M system that is supported by a cost and
operational effectiveness analysis.
(b) Government-Furnished Equipment.--The Secretary of the
Army shall ensure that all Government-furnished equipment that
the Army agrees to provide under the contract for the EFOG-M
system is provided to the prime contractor in accordance with
the terms of the contract.
SEC. 273. STATES ELIGIBLE FOR ASSISTANCE UNDER DEFENSE EXPERIMENTAL
PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
Subparagraph (A) of section 257(d)(2) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2705; 10 U.S.C. 2358 note) is amended to read as
follows:
``(A) the average annual amount of all Department
of Defense obligations for science and engineering
research and development that were in effect with
institutions of higher education in the State for the
three fiscal years preceding the fiscal year for which
the designation is effective or for the last three
fiscal years for which statistics are available is less
than the amount determined by multiplying 60 percent
times the amount equal to \1/50\ of the total average
annual amount of all Department of Defense obligations
for science and engineering research and development
that were in effect with institutions of higher
education in the United States for such three preceding
or last fiscal years, as the case may be (to be
determined in consultation with the Secretary of
Defense);''.
SEC. 274. CRUISE MISSILE DEFENSE INITIATIVE.
(a) In General.--The Secretary of Defense shall undertake
an initiative to coordinate and strengthen the cruise missile
defense programs of the Department of Defense to ensure that
the United States develops and deploys affordable and
operationally effective defenses against existing and future
cruise missile threats to United States military forces and
operations.
(b) Coordination With Ballistic Missile Defense Efforts.--
In carrying out subsection (a), the Secretary shall ensure
that, to the extent practicable, the cruise missile defense
programs of the Department of Defense and the ballistic missile
defense programs of the Department of Defense are coordinated
with each other and that those programs are mutually
supporting.
(c) Defenses Against Existing and Near-Term Cruise Missile
Threats.--As part of the initiative under subsection (a), the
Secretary shall ensure that appropriate existing and planned
air defense systems are upgraded to provide an affordable and
operationally effective defense against existing and near-term
cruise missile threats to United States military forces and
operations.
(d) Defenses Against Advanced Cruise Missiles.--As part of
the initiative under subsection (a), the Secretary shall
undertake a well-coordinated development program to support the
future deployment of cruise missile defense systems that are
affordable and operationally effective against advanced cruise
missiles, including cruise missiles with low observable
features.
(e) Implementation Plan.--Not later than the date on which
the President submits the budget for fiscal year 1997 under
section 1105 of title 31, United States Code, the Secretary of
Defense shall submit to the congressional defense committees a
detailed plan, in unclassified and classified forms, as
necessary, for carrying out this section. The plan shall
include an assessment of the following:
(1) The systems of the Department of Defense that
currently have or could have cruise missile defense
capabilities and existing programs of the Department of
Defense to improve these capabilities.
(2) The technologies that could be deployed in the
near- to mid-term to provide significant advances over
existing cruise missile defense capabilities and the
investments that would be required to ready those
technologies for deployment.
(3) The cost and operational tradeoffs, if any,
between (A) upgrading existing air and missile defense
systems, and (B) accelerating follow-on systems with
significantly improved capabilities against advanced
cruise missiles.
(4) The organizational and management changes that
would strengthen and further coordinate the cruise
missile defense programs of the Department of Defense,
including the disadvantages, if any, of implementing
such changes.
(f) Definition.--For the purposes of this section, the term
``cruise missile defense programs'' means the programs,
projects, and activities of the military departments, the
Advanced Research Projects Agency, and the Ballistic Missile
Defense Organization relating to development and deployment of
defenses against cruise missiles.
SEC. 275. MODIFICATION TO UNIVERSITY RESEARCH INITIATIVE SUPPORT
PROGRAM.
Section 802 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1701) is
amended--
(1) in subsections (a) and (b), by striking out
``shall'' both places it appears and inserting in lieu
thereof ``may''; and
(2) in subsection (e), by striking out the sentence
beginning with ``Such selection process''.
SEC. 276. MANUFACTURING TECHNOLOGY PROGRAM.
(a) In General.--Section 2525 of title 10, United States
Code, is amended as follows:
(1) The heading is amended by striking out the
second and third words.
(2) Subsection (a) is amended--
(A) by striking out ``Science and''; and
(B) by inserting after the first sentence
the following: ``The Secretary shall use the
joint planning process of the directors of the
Department of Defense laboratories in
establishing the program.''.
(3) Subsection (c) is amended--
(A) by inserting ``(1)'' after ``(c)
Execution.--''; and
(B) by adding at the end the following:
``(2) The Secretary shall seek, to the extent practicable,
the participation of manufacturers of manufacturing equipment
in the projects under the program.''.
(4) Subsection (d) is amended--
(A) in paragraph (2)--
(i) by striking out ``or'' at the
end of subparagraph (A);
(ii) by striking out the period at
the end of subparagraph (B) and
inserting in lieu thereof ``; or''; and
(iii) by adding at the end the
following new subparagraph:
``(C) will be carried out by an institution of
higher education.''; and
(B) by adding at the end the following new
paragraphs:
``(3) At least 25 percent of the funds available for the
program each fiscal year shall be used for awarding grants and
entering into contracts, cooperative agreements, and other
transactions on a cost-share basis under which the ratio of
recipient cost to Government cost is two to one.''
``(4) If the requirement of paragraph (3) cannot be met by
July 15 of a fiscal year, the Under Secretary of Defense for
Acquisition and Technology may waive the requirement and
obligate the balance of the funds available for the program for
that fiscal year on a cost-share basis under which the ratio of
recipient cost to Government cost is less than two to one.
Before implementing any such waiver, the Under Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
the reasons for the waiver.''.
(b) Clerical Amendment.--The item relating to section 2525
in the table of sections at the beginning of subchapter IV of
chapter 148 of title 10, United States Code, is amended to read
as follows:
``2525. Manufacturing Technology Program.''.
SEC. 277. FIVE-YEAR PLAN FOR CONSOLIDATION OF DEFENSE LABORATORIES AND
TEST AND EVALUATION CENTERS.
(a) Five-Year Plan.--The Secretary of Defense, acting
through the Vice Chief of Staff of the Army, the Vice Chief of
Naval Operations, and the Vice Chief of Staff of the Air Force
(in their roles as test and evaluation executive agent board of
directors) shall develop a five-year plan to consolidate and
restructure the laboratories and test and evaluation centers of
the Department of Defense.
(b) Objective.--The plan shall set forth the specific
actions needed to consolidate the laboratories and test and
evaluation centers into as few laboratories and centers as is
practical and possible, in the judgment of the Secretary, by
October 1, 2005.
(c) Previously Developed Data Required To Be Used.--In
developing the plan, the Secretary shall use the following:
(1) Data and results obtained by the Test and
Evaluation Joint Cross-Service Group and the Laboratory
Joint Cross-Service Group in developing recommendations
for the 1995 report of the Defense Base Closure and
Realignment Commission.
(2) The report dated March 1994 on the
consolidation and streamlining of the test and
evaluation infrastructure, commissioned by the test and
evaluation board of directors, along with all
supporting data and reports.
(d) Matters To Be Considered.--In developing the plan, the
Secretary shall consider, at a minimum, the following:
(1) Consolidation of common support functions,
including the following:
(A) Aircraft (fixed wing and rotary)
support.
(B) Weapons support.
(C) Space systems support.
(D) Support of command, control,
communications, computers, and intelligence.
(2) The extent to which any military construction,
acquisition of equipment, or modernization of equipment
is planned at the laboratories and centers.
(3) The encroachment on the laboratories and
centers by residential and industrial expansion.
(4) The total cost to the Federal Government of
continuing to operate the laboratories and centers.
(5) The cost savings and program effectiveness of
locating laboratories and centers at the same sites.
(6) Any loss of expertise resulting from the
consolidations.
(7) Whether any legislation is neccessary to
provide the Secretary with any additional authority
necessary to accomplish the downsizing and
consolidation of the laboratories and centers.
(e) Report.--Not later than May 1, 1996, the Secretary of
Defense shall submit to the congressional defense committees a
report on the plan. The report shall include an identification
of any additional legislation that the Secretary considers
necessary in order for the Secretary to accomplish the
downsizing and consolidation of the laboratories and centers.
(f) Limitation.--Of the amounts appropriated or otherwise
made available pursuant to an authorization of appropriations
in section 201 for the central test and evaluation investment
development program, not more than 75 percent may be obligated
before the report required by subsection (e) is submitted to
Congress.
SEC. 278. LIMITATION ON T-38 AVIONICS UPGRADE PROGRAM.
(a) Requirement.--The Secretary of Defense shall ensure
that, in evaluating proposals submitted in response to a
solicitation issued for a contract for the T-38 Avionics
Upgrade Program, the proposal of an entity may not be
considered unless--
(1) in the case of an entity that conducts
substantially all of its business in a foreign country,
the foreign country provides equal access to similar
contract solicitations in that country to United States
entities; and
(2) in the case of an entity that conducts business
in the United States but that is owned or controlled by
a foreign government or by an entity incorporated in a
foreign country, the foreign government or foreign
country of incorporation provides equal access to
similar contract solicitations in that country to
United States entities.
(b) Definition.--In this section, the term ``United States
entity'' means an entity that is owned or controlled by persons
a majority of whom are United States citizens.
SEC. 279. GLOBAL POSITIONING SYSTEM.
(a) Conditional Prohibition on Use of Selective
Availability Feature.--Except as provided in subsection (b),
after May 1, 1996, the Secretary of Defense may not (through
use of the feature known as ``selective availability'') deny
access of non-Department of Defense users to the full
capabilities of the Global Positioning System.
(b) Plan.--Subsection (a) shall cease to apply upon
submission by the Secretary of Defense to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives of a plan for
enhancement of the Global Positioning System that provides
for--
(1) development and acquisition of effective
capabilities to deny hostile military forces the
ability to use the Global Positioning System without
hindering the ability of United States military forces
and civil users to have access to and use of the
system, together with a specific date by which those
capabilities could be operational; and
(2) development and acquisition of receivers for
the Global Positioning System and other techniques for
weapons and weapon systems that provide substantially
improved resistance to jamming and other forms of
electronic interference or disruption, together with a
specific date by which those receivers and other
techniques could be operational with United States
military forces.
SEC. 280. REVISION OF AUTHORITY FOR PROVIDING ARMY SUPPORT FOR THE
NATIONAL SCIENCE CENTER FOR COMMUNICATIONS AND
ELECTRONICS.
(a) Purpose.--Subsection (b)(2) of section 1459 of the
Department of Defense Authorization Act, 1986 (Public Law 99-
145; 99 Stat. 763) is amended by striking out ``to make
available'' and all that follows and inserting in lieu thereof
``to provide for the management, operation, and maintenance of
those areas in the national science center that are designated
for use by the Army and to provide incidental support for the
operation of those areas in the center that are designated for
general use.''.
(b) Authority for Support.--Subsection (c) of such section
is amended to read as follows:
``(c) National Science Center.--(1) The Secretary may
manage, operate, and maintain facilities at the center under
terms and conditions prescribed by the Secretary for the
purpose of conducting educational outreach programs in
accordance with chapter 111 of title 10, United States Code.
``(2) The Foundation, or NSC Discovery Center,
Incorporated, a nonprofit corporation of the State of Georgia,
shall submit to the Secretary for review and approval all
matters pertaining to the acquisition, design, renovation,
equipping, and furnishing of the center, including all plans,
specifications, contracts, sites, and materials for the
center.''.
(c) Authority for Acceptance of Gifts and Fundraising.--
Subsection (d) of such section is amended to read as follows:
``(d) Gifts and Fundraising.--(1) Subject to paragraph (3),
the Secretary may accept a conditional or unconditional
donation of money or property that is made for the benefit of,
or in connection with, the center.
``(2) Notwithstanding any other provision of law, the
Secretary may endorse, promote, and assist the efforts of the
Foundation and NSC Discovery Center, Incorporated, to obtain--
``(A) funds for the management, operation, and
maintenance of the center; and
``(B) donations of exhibits, equipment, and other
property for use in the center.
``(3) The Secretary may not accept a donation under this
subsection that is made subject to--
``(A) any condition that is inconsistent with an
applicable law or regulation; or
``(B) except to the extent provided in
appropriations Acts, any condition that would
necessitate an expenditure of appropriated funds.
``(4) The Secretary shall prescribe in regulations the
criteria to be used in determining whether to accept a
donation. The Secretary shall include criteria to ensure that
acceptance of a donation does not establish an unfavorable
appearance regarding the fairness and objectivity with which
the Secretary or any other officer or employee of the
Department of Defense performs official responsibilities and
does not compromise or appear to compromise the integrity of a
Government program or any official involved in that program.''.
(d) Authorized Uses.--Such section is amended--
(1) by striking out subsection (f);
(2) by redesignating subsection (g) as subsection
(f); and
(3) in paragraph (1) of subsection (f), as
redesignated by paragraph (2), by inserting ``areas
designated for use by the Army in'' after ``The
Secretary may make''.
(e) Alternative of Additional Development and Management.--
Such section, as amended by subsection (d), is further amended
by adding at the end the following:
``(g) Alternative or Additional Development and Management
of the Center.--(1) The Secretary may enter into an agreement
with NSC Discovery Center, Incorporated, to develop, manage,
and maintain a national science center under this section. In
entering into an agreement with NSC Discovery Center,
Incorporated, the Secretary may agree to any term or condition
to which the Secretary is authorized under this section to
agree for purposes of entering into an agreement with the
Foundation.
``(2) The Secretary may exercise the authority under
paragraph (1) in addition to, or instead of, exercising the
authority provided under this section to enter into an
agreement with the Foundation.''.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1) For the Army, $18,746,695,000.
(2) For the Navy, $21,493,155,000.
(3) For the Marine Corps, $2,521,822,000.
(4) For the Air Force, $18,719,277,000.
(5) For Defense-wide activities, $9,910,476,000.
(6) For the Army Reserve, $1,129,191,000.
(7) For the Naval Reserve, $868,342,000.
(8) For the Marine Corps Reserve, $100,283,000.
(9) For the Air Force Reserve, $1,516,287,000.
(10) For the Army National Guard, $2,361,808,000.
(11) For the Air National Guard, $2,760,121,000.
(12) For the Defense Inspector General,
$138,226,000.
(13) For the United States Court of Appeals for the
Armed Forces, $6,521,000.
(14) For Environmental Restoration, Defense,
$1,422,200,000.
(15) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $680,432,000.
(16) For Medical Programs, Defense, $9,876,525,000.
(17) For support for the 1996 Summer Olympics,
$15,000,000.
(18) For Cooperative Threat Reduction programs,
$300,000,000.
(19) For Overseas Humanitarian, Disaster, and Civic
Aid programs, $50,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for providing capital
for working capital and revolving funds in amounts as follows:
(1) For the Defense Business Operations Fund,
$878,700,000.
(2) For the National Defense Sealift Fund,
$1,024,220,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 1996 from the Armed Forces Retirement Home Trust Fund the
sum of $59,120,000 for the operation of the Armed Forces
Retirement Home, including the United States Soldiers' and
Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.
(a) Transfer Authority.--To the extent provided in
appropriations Acts, not more than $150,000,000 is authorized
to be transferred from the National Defense Stockpile
Transaction Fund to operation and maintenance accounts for
fiscal year 1996 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the
same purposes and the same period as, the amounts in
the accounts to which transferred; and
(2) may not be expended for an item that has been
denied authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the
transfer authority provided in section 1001.
SEC. 305. CIVIL AIR PATROL.
Of the amounts authorized to be appropriated pursuant to
this Act, there shall be made available to the Civil Air Patrol
$24,500,000, of which $14,704,000 shall be made available for
the Civil Air Patrol Corporation.
Subtitle B--Depot-Level Activities
SEC. 311. POLICY REGARDING PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND
REPAIR FOR THE DEPARTMENT OF DEFENSE.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense does not have a
comprehensive policy regarding the performance of
depot-level maintenance and repair of military
equipment.
(2) The absence of such a policy has caused the
Congress to establish guidelines for the performance of
such functions.
(3) It is essential to the national security of the
United States that the Department of Defense maintain
an organic capability within the department, including
skilled personnel, technical competencies, equipment,
and facilities, to perform depot-level maintenance and
repair of military equipment in order to ensure that
the Armed Forces of the United States are able to meet
training, operational, mobilization, and emergency
requirements without impediment.
(4) The organic capability of the Department of
Defense to perform depot-level maintenance and repair
of military equipment must satisfy known and
anticipated core maintenance and repair requirements
across the full range of peacetime and wartime
scenarios.
(5) Although it is possible that savings can be
achieved by contracting with private-sector sources for
the performance of some work currently performed by
Department of Defense depots, the Department of Defense
has not determined the type or amount of work that
should be performed under contract with private-sector
sources nor the relative costs and benefits of
contracting for the performance of such work by those
sources.
(b) Sense of Congress.--It is the sense of Congress that
there is a compelling need for the Department of Defense to
articulate known and anticipated core maintenance and repair
requirements, to organize the resources of the Department of
Defense to meet those requirements economically and
efficiently, and to determine what work should be performed by
the private sector and how such work should be managed.
(c) Requirement for Policy.--Not later than March 31, 1996,
the Secretary of Defense shall develop and report to the
Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a
comprehensive policy on the performance of depot-level
maintenance and repair for the Department of Defense that
maintains the capability described in section 2464 of title 10,
United States Code.
(d) Content of Policy.--In developing the policy, the
Secretary of Defense shall do each of the following:
(1) Identify for each military department, with the
concurrence of the Secretary of that military
department, those depot-level maintenance and repair
activities that are necessary to ensure the depot-level
maintenance and repair capability as required by
section 2464 of title 10, United States Code.
(2) Provide for performance of core depot-level
maintenance and repair capabilities in facilities owned
and operated by the United States.
(3) Provide for the core capabilities to include
sufficient skilled personnel, equipment, and facilities
that--
(A) is of the proper size (i) to ensure a
ready and controlled source of technical
competence and repair and maintenance
capability necessary to meet the requirements
of the National Military Strategy and other
requirements for responding to mobilizations
and military contingencies, and (ii) to provide
for rapid augmentation in time of emergency;
and
(B) is assigned sufficient workload to
ensure cost efficiency and technical
proficiency in time of peace.
(4) Address environmental liability.
(5) In the case of depot-level maintenance and
repair workloads in excess of the workload required to
be performed by Department of Defense depots, provide
for competition for those workloads between public and
private entities when there is sufficient potential for
realizing cost savings based on adequate private-sector
competition and technical capabilities.
(6) Address issues concerning exchange of technical
data between the Federal Government and the private
sector.
(7) Provide for, in the Secretary's discretion and
after consultation with the Secretaries of the military
departments, the transfer from one military department
to another, in accordance with merit-based selection
processes, workload that supports the core depot-level
maintenance and repair capabilities in facilities owned
and operated by the United States.
(8) Require that, in any competition for a workload
(whether among private-sector sources or between depot-
level activities of the Department of Defense and
private-sector sources), bids are evaluated under a
methodology that ensures that appropriate costs to the
Government and the private sector are identified.
(9) Provide for the performance of maintenance and
repair for any new weapons systems defined as core,
under section 2464 of title 10, United States Code, in
facilities owned and operated by the United States.
(e) Considerations.--In developing the policy, the
Secretary shall take into consideration the following matters:
(1) The national security interests of the United
States.
(2) The capabilities of the public depots and the
capabilities of businesses in the private sector to
perform the maintenance and repair work required by the
Department of Defense.
(3) Any applicable recommendations of the Defense
Base Closure and Realignment Commission that are
required to be implemented under the Defense Base
Closure and Realignment Act of 1990.
(4) The extent to which the readiness of the Armed
Forces would be affected by a necessity to construct
new facilities to accommodate any redistribution of
depot-level maintenance and repair workloads that is
made in accordance with the recommendation of the
Defense Base Closure and Realignment Commission, under
the Defense Base Closure and Realignment Act of 1990,
that such workloads be consolidated at Department of
Defense depots or private-sector facilities.
(5) Analyses of costs and benefits of alternatives,
including a comparative analysis of--
(A) the costs and benefits, including any
readiness implications, of any proposed policy
to convert to contractor performance of depot-
level maintenance and repair workloads where
the workload is being performed by Department
of Defense personnel; and
(B) the costs and benefits, including any
readiness implications, of a policy to transfer
depot-level maintenance and repair workloads
among depots.
(f) Repeal of 60/40 Requirement and Requirement Relating to
Competition.--(1) Sections 2466 and 2469 of title 10, United
States Code, are repealed.
(2) The table of sections at the beginning of chapter 146
of such title is amended by striking out the items relating to
sections 2466 and 2469.
(3) The amendments made by paragraphs (1) and (2) shall
take effect on the date (after the date of the enactment of
this Act) on which legislation is enacted that contains a
provision that specifically states one of the following:
(A) ``The policy on the performance of depot-level
maintenance and repair for the Department of Defense
that was submitted by the Secretary of Defense to the
Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives pursuant to section 311 of the National
Defense Authorization Act for Fiscal Year 1996 is
approved.''; or
(B) ``The policy on the performance of depot-level
maintenance and repair for the Department of Defense
that was submitted by the Secretary of Defense to the
Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives pursuant to section 311 of the National
Defense Authorization Act for Fiscal Year 1996 is
approved with the following modifications:'' (with the
modifications being stated in matter appearing after
the colon).
(g) Annual Report.--If legislation referred to in
subsection (f)(3) is enacted, the Secretary of Defense shall,
not later than March 1 of each year (beginning with the year
after the year in which such legislation is enacted), submit to
Congress a report that--
(1) specifies depot maintenance core capability
requirements determined in accordance with the
procedures established to comply with the policy
prescribed pursuant to subsections (d)(2) and (d)(3);
(2) specifies the planned amount of workload to be
accomplished by the depot-level activities of each
military department in support of those requirements
for the following fiscal year; and
(3) identifies the planned amount of workload,
which--
(A) shall be measured by direct labor hours
and by amounts to be expended; and
(B) shall be shown separately for each
commodity group.
(h) Review by General Accounting Office.--(1) The Secretary
shall make available to the Comptroller General of the United
States all information used by the Department in developing the
policy under subsections (c) through (e) of this section.
(2) Not later than 45 days after the date on which the
Secretary submits to Congress the report required by subsection
(c), the Comptroller General shall transmit to Congress a
report containing a detailed analysis of the Secretary's
proposed policy as reported under such subsection.
(i) Report on Depot-Level Maintenance and Repair
Workload.--Not later than March 31, 1996, the Secretary of
Defense shall submit to Congress a report on the depot-level
maintenance and repair workload of the Department of Defense.
The report shall, to the maximum extent practicable, include
the following:
(1) An analysis of the need for and effect of the
requirement under section 2466 of title 10, United
States Code, that no more than 40 percent of the depot-
level maintenance and repair work of the Department of
Defense be contracted for performance by non-
Governmental personnel, including a description of the
effect on military readiness and the national security
resulting from that requirement and a description of
any specific difficulties experienced by the Department
of Defense as a result of that requirement.
(2) An analysis of the distribution during the five
fiscal years ending with fiscal year 1995 of the depot-
level maintenance and repair workload of the Department
of Defense between depot-level activities of the
Department of Defense and non-Government personnel,
measured by direct labor hours and by amounts expended,
and displayed, for that five-year period and for each
year of that period, so as to show (for each military
department (and separately for the Navy and Marine
Corps)) such distribution.
(3) A projection of the distribution during the
five fiscal years beginning with fiscal year 1997 of
the depot-level maintenance and repair workload of the
Department of Defense between depot-level activities of
the Department of Defense and non-Government personnel,
measured by direct labor hours and by amounts expended,
and displayed, for that five-year period and for each
year of that period, so as to show (for each military
department (and separately for the Navy and Marine
Corps)) such distribution that would be accomplished
under a new policy as required under subsection (c).
(j) Other Review by General Accounting Office.--(1) The
Comptroller General of the United States shall conduct an
independent audit of the findings of the Secretary of Defense
in the report under subsection (i). The Secretary of Defense
shall provide to the Comptroller General for such purpose all
information used by the Secretary in preparing such report.
(2) Not later than 45 days after the date on which the
Secretary of Defense submits to Congress the report required
under subsection (i), the Comptroller General shall transmit to
Congress a report containing a detailed analysis of the report
submitted under that subsection.
SEC. 312. MANAGEMENT OF DEPOT EMPLOYEES.
(a) Depot Employees.--Chapter 146 of title 10, United
States Code, is amended by adding at the end the following new
section:
``Sec. 2472. Management of depot employees
``(b) Annual Report.--Not later than December 1 of each
fiscal year, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a report on
the number of employees employed and expected to be employed by
the Department of Defense during that fiscal year to perform
depot-level maintenance and repair of materiel. The report
shall indicate whether that number is sufficient to perform the
depot-level maintenance and repair functions for which funds
are expected to be provided for that fiscal year for
performance by Department of Defense employees.''.
(b) Transfer of Subsection.--Subsection (b) of section 2466
of title 10, United States Code, is transferred to section 2472
of such title, as added by subsection (a), redesignated as
subsection (a), and inserted after the section heading.
(c) Submission of Initial Report.--The report under
subsection (b) of section 2472 of title 10, United States Code,
as added by subsection (a), for fiscal year 1996 shall be
submitted not later than March 15, 1996 (notwithstanding the
date specified in such subsection).
(d) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2472. Management of depot employees.''.
SEC. 313. EXTENSION OF AUTHORITY FOR AVIATION DEPOTS AND NAVAL
SHIPYARDS TO ENGAGE IN DEFENSE-RELATED PRODUCTION
AND SERVICES.
Section 1425(e) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1684) is
amended by striking out ``September 30, 1995'' and inserting in
lieu thereof ``September 30, 1996''.
SEC. 314. MODIFICATION OF NOTIFICATION REQUIREMENT REGARDING USE OF
CORE LOGISTICS FUNCTIONS WAIVER.
Section 2464(b) of title 10, United States Code, is amended
by striking out paragraphs (3) and (4) and inserting in lieu
thereof the following new paragraph:
``(3) A waiver under paragraph (2) may not take effect
until the end of the 30-day period beginning on the date on
which the Secretary submits a report on the waiver to the
Committee on Armed Services and the Committee on Appropriations
of the Senate and the Committee on National Security and the
Committee on Appropriations of the House of Representatives.''.
Subtitle C--Environmental Provisions
SEC. 321. REVISION OF REQUIREMENTS FOR AGREEMENTS FOR SERVICES UNDER
ENVIRONMENTAL RESTORATION PROGRAM.
(a) Requirements.--(1) Section 2701(d) of title 10, United
States Code, is amended to read as follows:
``(d) Services of Other Agencies.--
``(1) In general.--Subject to paragraph (2), the
Secretary may enter into agreements on a reimbursable
or other basis with any other Federal agency, or with
any State or local government agency, to obtain the
services of the agency to assist the Secretary in
carrying out any of the Secretary's responsibilities
under this section. Services which may be obtained
under this subsection include the identification,
investigation, and cleanup of any off-site
contamination resulting from the release of a hazardous
substance or waste at a facility under the Secretary's
jurisdiction.
``(2) Limitation on reimbursable agreements.--An
agreement with an agency under paragraph (1) may not
provide for reimbursement of the agency for regulatory
enforcement activities.''.
(2)(A) Except as provided in subparagraph (B), the total
amount of funds available for reimbursements under agreements
entered into under section 2710(d) of title 10, United States
Code, as amended by paragraph (1), in fiscal year 1996 may not
exceed $10,000,000.
(B) The Secretary of Defense may pay in fiscal year 1996 an
amount for reimbursements under agreements referred to in
subparagraph (A) in excess of the amount specified in that
subparagraph for that fiscal year if--
(i) the Secretary certifies to Congress that the
payment of the amount under this subparagraph is
essential for the management of the Defense
Environmental Restoration Program under chapter 160 of
title 10, United States Code; and
(ii) a period of 60 days has expired after the date
on which the certification is received by Congress.
(b) Report on Services Obtained.--The Secretary of Defense
shall include in the report submitted to Congress with respect
to fiscal year 1998 under section 2706(a) of title 10, United
States Code, information on the services, if any, obtained by
the Secretary during fiscal year 1996 pursuant to each
agreement on a reimbursable basis entered into with a State or
local government agency under section 2701(d) of title 10,
United States Code, as amended by subsection (a). The
information shall include a description of the services
obtained under each agreement and the amount of the
reimbursement provided for the services.
SEC. 322. ADDITION OF AMOUNTS CREDITABLE TO DEFENSE ENVIRONMENTAL
RESTORATION ACCOUNT.
Section 2703(e) of title 10, United States Code is amended
to read as follows:
``(e) Amounts Recovered.--The following amounts shall be
credited to the transfer account:
``(1) Amounts recovered under CERCLA for response
actions of the Secretary.
``(2) Any other amounts recovered by the Secretary
or the Secretary of the military department concerned
from a contractor, insurer, surety, or other person to
reimburse the Department of Defense for any expenditure
for environmental response activities.''.
SEC. 323. USE OF DEFENSE ENVIRONMENTAL RESTORATION ACCOUNT.
(a) Goal for Certain DERA Expenditures.--It shall be the
goal of the Secretary of Defense to limit, by the end of fiscal
year 1997, spending for administration, support, studies, and
investigations associated with the Defense Environmental
Restoration Account to 20 percent of the total funding for that
account.
(b) Report.--Not later than April 1, 1996, the Secretary
shall submit to Congress a report that contains specific,
detailed information on--
(1) the extent to which the Secretary has attained
the goal described in subsection (a) as of the date of
the submission of the report; and
(2) if the Secretary has not attained such goal by
such date, the actions the Secretary plans to take to
attain the goal.
SEC. 324. REVISION OF AUTHORITIES RELATING TO RESTORATION ADVISORY
BOARDS.
(a) Regulations.--Paragraph (2) of subsection (d) of
section 2705 of title 10, United States Code, is amended to
read as follows:
``(2)(A) The Secretary shall prescribe regulations
regarding the establishment, characteristics, composition, and
funding of restoration advisory boards pursuant to this
subsection.
``(B) The issuance of regulations under subparagraph (A)
shall not be a precondition to the establishment of restoration
advisory boards under this subsection.''.
(b) Funding for Administrative Expenses.--Paragraph (3) of
such subsection is amended to read as follows:
``(3) The Secretary may authorize the commander of an
installation (or, if there is no such commander, an appropriate
official of the Department of Defense designated by the
Secretary) to pay routine administrative expenses of a
restoration advisory board established for that installation.
Such payments shall be made from funds available under
subsection (g).''.
(c) Technical Assistance.--Such section is further amended
by striking out subsection (e) and inserting in lieu thereof
the following new subsection (e):
``(e) Technical Assistance.--(1) The Secretary may, upon
the request of the technical review committee or restoration
advisory board for an installation, authorize the commander of
the installation (or, if there is no such commander, an
appropriate official of the Department of Defense designated by
the Secretary) to obtain for the committee or advisory board,
as the case may be, from private sector sources technical
assistance for interpreting scientific and engineering issues
with regard to the nature of environmental hazards at the
installation and the restoration activities conducted, or
proposed to be conducted, at the installation. The commander of
an installation (or, if there is no such commander, an
appropriate official of the Department of Defense designated by
the Secretary) shall use funds made available under subsection
(g) for obtaining assistance under this paragraph.
``(2) The commander of an installation (or, if there is no
such commander, an appropriate official of the Department of
Defense designated by the Secretary) may obtain technical
assistance under paragraph (1) for a technical review committee
or restoration advisory board only if--
``(A) the technical review committee or restoration
advisory board demonstrates that the Federal, State,
and local agencies responsible for overseeing
environmental restoration at the installation, and
available Department of Defense personnel, do not have
the technical expertise necessary for achieving the
objective for which the technical assistance is to be
obtained; or
``(B) the technical assistance--
``(i) is likely to contribute to the
efficiency, effectiveness, or timeliness of
environmental restoration activities at the
installation; and
``(ii) is likely to contribute to community
acceptance of environmental restoration
activities at the installation.''.
(d) Funding.--(1) Such section is further amended by adding
at the end the following new subsection:
``(g) Funding.--The Secretary shall, to the extent provided
in appropriations Acts, make funds available for administrative
expenses and technical assistance under this section using
funds in the following accounts:
``(1) In the case of a military installation not
approved for closure pursuant to a base closure law,
the Defense Environmental Restoration Account
established under section 2703(a) of this title.
``(2) In the case of an installation approved for
closure pursuant to such a law, the Department of
Defense Base Closure Account 1990 established under
section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public
Law 101-510; 10 U.S.C. 2687 note).''.
(2)(A) Subject to subparagraph (B), the total amount of
funds made available under section 2705(g) of title 10, United
States Code, as added by paragraph (1), for fiscal year 1996
may not exceed $6,000,000.
(B) Amounts may not be made available under subsection (g)
of such section 2705 after September 15, 1996, unless the
Secretary of Defense publishes proposed final or interim final
regulations required under subsection (d) of such section, as
amended by subsection (a).
(e) Definition.--Such section is further amended by adding
after subsection (g) (as added by subsection (d)) the following
new subsection:
``(h) Definition.--In this section, the term `base closure
law' means the following:
``(1) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note).
``(2) The Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).
``(3) Section 2687 of this title.''.
(f) Reports on Activities of Technical Review Committees
and Restoration Advisory Boards.--Section 2706(a)(2) of title
10, United States Code, is amended by adding at the end the
following:
``(J) A statement of the activities, if any,
including expenditures for administrative expenses and
technical assistance under section 2705 of this title,
of the technical review committee or restoration
advisory board established for the installation under
such section during the preceding fiscal year.''.
SEC. 325. DISCHARGES FROM VESSELS OF THE ARMED FORCES.
(a) Purposes.--The purposes of this section are to--
(1) enhance the operational flexibility of vessels
of the Armed Forces domestically and internationally;
(2) stimulate the development of innovative vessel
pollution control technology; and
(3) advance the development by the United States
Navy of environmentally sound ships.
(b) Uniform National Discharge Standards Development.--
Section 312 of the Federal Water Pollution Control Act (33
U.S.C. 1322) is amended by adding at the end the following:
``(n) Uniform National Discharge Standards for Vessels of
the Armed Forces.--
``(1) Applicability.--This subsection shall apply
to vessels of the Armed Forces and discharges, other
than sewage, incidental to the normal operation of a
vessel of the Armed Forces, unless the Secretary of
Defense finds that compliance with this subsection
would not be in the national security interests of the
United States.
``(2) Determination of discharges required to be
controlled by marine pollution control devices.--
``(A) In general.--The Administrator and
the Secretary of Defense, after consultation
with the Secretary of the department in which
the Coast Guard is operating, the Secretary of
Commerce, and interested States, shall jointly
determine the discharges incidental to the
normal operation of a vessel of the Armed
Forces for which it is reasonable and
practicable to require use of a marine
pollution control device to mitigate adverse
impacts on the marine environment.
Notwithstanding subsection (a)(1) of section
553 of title 5, United States Code, the
Administrator and the Secretary of Defense
shall promulgate the determinations in
accordance with such section. The Secretary of
Defense shall require the use of a marine
pollution control device on board a vessel of
the Armed Forces in any case in which it is
determined that the use of such a device is
reasonable and practicable.
``(B) Considerations.--In making a
determination under subparagraph (A), the
Administrator and the Secretary of Defense
shall take into consideration--
``(i) the nature of the discharge;
``(ii) the environmental effects of
the discharge;
``(iii) the practicability of using
the marine pollution control device;
``(iv) the effect that installation
or use of the marine pollution control
device would have on the operation or
operational capability of the vessel;
``(v) applicable United States law;
``(vi) applicable international
standards; and
``(vii) the economic costs of the
installation and use of the marine
pollution control device.
``(3) Performance standards for marine pollution
control devices.--
``(A) In general.--For each discharge for
which a marine pollution control device is
determined to be required under paragraph (2),
the Administrator and the Secretary of Defense,
in consultation with the Secretary of the
department in which the Coast Guard is
operating, the Secretary of State, the
Secretary of Commerce, other interested Federal
agencies, and interested States, shall jointly
promulgate Federal standards of performance for
each marine pollution control device required
with respect to the discharge. Notwithstanding
subsection (a)(1) of section 553 of title 5,
United States Code, the Administrator and the
Secretary of Defense shall promulgate the
standards in accordance with such section.
``(B) Considerations.--In promulgating
standards under this paragraph, the
Administrator and the Secretary of Defense
shall take into consideration the matters set
forth in paragraph (2)(B).
``(C) Classes, types, and sizes of
vessels.--The standards promulgated under this
paragraph may--
``(i) distinguish among classes,
types, and sizes of vessels;
``(ii) distinguish between new and
existing vessels; and
``(iii) provide for a waiver of the
applicability of the standards as
necessary or appropriate to a
particular class, type, age, or size of
vessel.
``(4) Regulations for use of marine pollution
control devices.--The Secretary of Defense, after
consultation with the Administrator and the Secretary
of the department in which the Coast Guard is
operating, shall promulgate such regulations governing
the design, construction, installation, and use of
marine pollution control devices on board vessels of
the Armed Forces as are necessary to achieve the
standards promulgated under paragraph (3).
``(5) Deadlines; effective date.--
``(A) Determinations.--The Administrator
and the Secretary of Defense shall--
``(i) make the initial
determinations under paragraph (2) not
later than 2 years after the date of
the enactment of this subsection; and
``(ii) every 5 years--
``(I) review the
determinations; and
``(II) if necessary, revise
the determinations based on
significant new information.
``(B) Standards.--The Administrator and the
Secretary of Defense shall--
``(i) promulgate standards of
performance for a marine pollution
control device under paragraph (3) not
later than 2 years after the date of a
determination under paragraph (2) that
the marine pollution control device is
required; and
``(ii) every 5 years--
``(I) review the standards;
and
``(II) if necessary, revise
the standards, consistent with
paragraph (3)(B) and based on
significant new information.
``(C) Regulations.--The Secretary of
Defense shall promulgate regulations with
respect to a marine pollution control device
under paragraph (4) as soon as practicable
after the Administrator and the Secretary of
Defense promulgate standards with respect to
the device under paragraph (3), but not later
than 1 year after the Administrator and the
Secretary of Defense promulgate the standards.
The regulations promulgated by the Secretary of
Defense under paragraph (4) shall become
effective upon promulgation unless another
effective date is specified in the regulations.
``(D) Petition for review.--The Governor of
any State may submit a petition requesting that
the Secretary of Defense and the Administrator
review a determination under paragraph (2) or a
standard under paragraph (3), if there is
significant new information, not considered
previously, that could reasonably result in a
change to the particular determination or
standard after consideration of the matters set
forth in paragraph (2)(B). The petition shall
be accompanied by the scientific and technical
information on which the petition is based. The
Administrator and the Secretary of Defense
shall grant or deny the petition not later than
2 years after the date of receipt of the
petition.
``(6) Effect on other laws.--
``(A) Prohibition on regulation by states
or political subdivisions of states.--Beginning
on the effective date of--
``(i) a determination under
paragraph (2) that it is not reasonable
and practicable to require use of a
marine pollution control device
regarding a particular discharge
incidental to the normal operation of a
vessel of the Armed Forces; or
``(ii) regulations promulgated by
the Secretary of Defense under
paragraph (4);
except as provided in paragraph (7), neither a
State nor a political subdivision of a State
may adopt or enforce any statute or regulation
of the State or political subdivision with
respect to the discharge or the design,
construction, installation, or use of any
marine pollution control device required to
control discharges from a vessel of the Armed
Forces.
``(B) Federal laws.--This subsection shall
not affect the application of section 311 to
discharges incidental to the normal operation
of a vessel.
``(7) Establishment of state no-discharge zones.--
``(A) State prohibition.--
``(i) In general.--After the
effective date of--
``(I) a determination under
paragraph (2) that it is not
reasonable and practicable to
require use of a marine
pollution control device
regarding a particular
discharge incidental to the
normal operation of a vessel of
the Armed Forces; or
``(II) regulations
promulgated by the Secretary of
Defense under paragraph (4);
if a State determines that the
protection and enhancement of the
quality of some or all of the waters
within the State require greater
environmental protection, the State may
prohibit 1 or more discharges
incidental to the normal operation of a
vessel, whether treated or not treated,
into the waters. No prohibition shall
apply until the Administrator makes the
determinations described in subclauses
(II) and (III) of subparagraph (B)(i).
``(ii) Documentation.--To the
extent that a prohibition under this
paragraph would apply to vessels of the
Armed Forces and not to other types of
vessels, the State shall document the
technical or environmental basis for
the distinction.
``(B) Prohibition by the administrator.--
``(i) In general.--Upon application
of a State, the Administrator shall by
regulation prohibit the discharge from
a vessel of 1 or more discharges
incidental to the normal operation of a
vessel, whether treated or not treated,
into the waters covered by the
application if the Administrator
determines that--
``(I) the protection and
enhancement of the quality of
the specified waters within the
State require a prohibition of
the discharge into the waters;
``(II) adequate facilities
for the safe and sanitary
removal of the discharge
incidental to the normal
operation of a vessel are
reasonably available for the
waters to which the prohibition
would apply; and
``(III) the prohibition
will not have the effect of
discriminating against a vessel
of the Armed Forces by reason
of the ownership or operation
by the Federal Government, or
the military function, of the
vessel.
``(ii) Approval or disapproval.--
The Administrator shall approve or
disapprove an application submitted
under clause (i) not later than 90 days
after the date on which the application
is submitted to the Administrator.
Notwithstanding clause (i)(II), the
Administrator shall not disapprove an
application for the sole reason that
there are not adequate facilities to
remove any discharge incidental to the
normal operation of a vessel from
vessels of the Armed Forces.
``(C) Applicability to foreign flagged
vessels.--A prohibition under this paragraph--
``(i) shall not impose any design,
construction, manning, or equipment
standard on a foreign flagged vessel
engaged in innocent passage unless the
prohibition implements a generally
accepted international rule or
standard; and
``(ii) that relates to the
prevention, reduction, and control of
pollution shall not apply to a foreign
flagged vessel engaged in transit
passage unless the prohibition
implements an applicable international
regulation regarding the discharge of
oil, oily waste, or any other noxious
substance into the waters.
``(8) Prohibition relating to vessels of the armed
forces.--After the effective date of the regulations
promulgated by the Secretary of Defense under paragraph
(4), it shall be unlawful for any vessel of the Armed
Forces subject to the regulations to--
``(A) operate in the navigable waters of
the United States or the waters of the
contiguous zone, if the vessel is not equipped
with any required marine pollution control
device meeting standards established under this
subsection; or
``(B) discharge overboard any discharge
incidental to the normal operation of a vessel
in waters with respect to which a prohibition
on the discharge has been established under
paragraph (7).
``(9) Enforcement.--This subsection shall be
enforceable, as provided in subsections (j) and (k),
against any agency of the United States responsible for
vessels of the Armed Forces notwithstanding any
immunity asserted by the agency.''.
(c) Conforming Amendments.--
(1) Definitions.--Section 312(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1322(a)) is
amended--
(A) in paragraph (8)--
(i) by striking ``or''; and
(ii) by inserting ``or agency of
the United States,'' after
``association,'';
(B) in paragraph (11), by striking the
period at the end and inserting a semicolon;
and
(C) by adding at the end the following:
``(12) `discharge incidental to the normal
operation of a vessel'--
``(A) means a discharge, including--
``(i) graywater, bilge water,
cooling water, weather deck runoff,
ballast water, oil water separator
effluent, and any other pollutant
discharge from the operation of a
marine propulsion system, shipboard
maneuvering system, crew habitability
system, or installed major equipment,
such as an aircraft carrier elevator or
a catapult, or from a protective,
preservative, or absorptive application
to the hull of the vessel; and
``(ii) a discharge in connection
with the testing, maintenance, and
repair of a system described in clause
(i) whenever the vessel is waterborne;
and
``(B) does not include--
``(i) a discharge of rubbish,
trash, garbage, or other such material
discharged overboard;
``(ii) an air emission resulting
from the operation of a vessel
propulsion system, motor driven
equipment, or incinerator; or
``(iii) a discharge that is not
covered by part 122.3 of title 40, Code
of Federal Regulations (as in effect on
the date of the enactment of subsection
(n));
``(13) `marine pollution control device' means any
equipment or management practice, for installation or
use on board a vessel of the Armed Forces, that is--
``(A) designed to receive, retain, treat,
control, or discharge a discharge incidental to
the normal operation of a vessel; and
``(B) determined by the Administrator and
the Secretary of Defense to be the most
effective equipment or management practice to
reduce the environmental impacts of the
discharge consistent with the considerations
set forth in subsection (n)(2)(B); and
``(14) `vessel of the Armed Forces' means--
``(A) any vessel owned or operated by the
Department of Defense, other than a time or
voyage chartered vessel; and
``(B) any vessel owned or operated by the
Department of Transportation that is designated
by the Secretary of the department in which the
Coast Guard is operating as a vessel equivalent
to a vessel described in subparagraph (A).''.
(2) Enforcement.--The first sentence of section
312(j) of the Federal Water Pollution Control Act (33
U.S.C. 1322(j)) is amended--
(A) by striking ``of this section or'' and
inserting a comma; and
(B) by striking ``of this section shall''
and inserting ``, or subsection (n)(8) shall''.
(3) Other definitions.--Subparagraph (A) of the
second sentence of section 502(6) of the Federal Water
Pollution Control Act (33 U.S.C. 1362(6)) is amended by
striking `` `sewage from vessels' '' and inserting
```sewage from vessels or a discharge incidental to the
normal operation of a vessel of the Armed Forces'''.
(d) Cooperation in Standards Development.--The
Administrator of the Environmental Protection Agency and the
Secretary of Defense may, by mutual agreement, with or without
reimbursement, provide for the use of information, reports,
personnel, or other resources of the Environmental Protection
Agency or the Department of Defense to carry out section 312(n)
of the Federal Water Pollution Control Act (as added by
subsection (b)), including the use of the resources--
(1) to determine--
(A) the nature and environmental effect of
discharges incidental to the normal operation
of a vessel of the Armed Forces;
(B) the practicability of using marine
pollution control devices on vessels of the
Armed Forces; and
(C) the effect that installation or use of
marine pollution control devices on vessels of
the Armed Forces would have on the operation or
operational capability of the vessels; and
(2) to establish performance standards for marine
pollution control devices on vessels of the Armed
Forces.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 331. OPERATION OF COMMISSARY SYSTEM.
(a) Cooperation With Other Entities.--Section 2482 of title
10, United States Code, is amended--
(1) in the section heading, by striking out
``private'';
(2) by inserting ``(a) Private Operation.--''
before ``Private persons''; and
(3) by adding at the end the following new
subsection:
``(b) Contracts With Other Agencies and
Instrumentalities.--(1) The Defense Commissary Agency, and any
other agency of the Department of Defense that supports the
operation of the commissary system, may enter into a contract
or other agreement with another department, agency, or
instrumentality of the Department of Defense or another Federal
agency to provide services beneficial to the efficient
management and operation of the commissary system.
``(2) A commissary store operated by a nonappropriated fund
instrumentality of the Department of Defense shall be operated
in accordance with section 2484 of this title. Subject to such
section, the Secretary of Defense may authorize a transfer of
goods, supplies, and facilities of, and funds appropriated for,
the Defense Commissary Agency or any other agency of the
Department of Defense that supports the operation of the
commissary system to a nonappropriated fund instrumentality for
the operation of a commissary store.''.
(b) Clerical Amendment.--The item relating to such section
in the table of sections at the beginning of chapter 147 of
such title is amended to read as follows:
``2482. Commissary stores: operation.''.
SEC. 332. LIMITED RELEASE OF COMMISSARY STORES SALES INFORMATION TO
MANUFACTURERS, DISTRIBUTORS, AND OTHER VENDORS
DOING BUSINESS WITH DEFENSE COMMISSARY AGENCY.
Section 2487(b) of title 10, United States Code, is amended
in the second sentence by inserting before the period the
following: ``unless the agreement is between the Defense
Commissary Agency and a manufacturer, distributor, or other
vendor doing business with the Agency and is restricted to
information directly related to merchandise provided by that
manufacturer, distributor, or vendor''.
SEC. 333. ECONOMICAL DISTRIBUTION OF DISTILLED SPIRITS BY
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) Economical Distribution.--Subsection (a)(1) of section
2488 of title 10, United States Code, is amended by inserting
after ``most competitive source'' the following: ``and
distributed in the most economical manner''.
(b) Determination of Most Economical Distribution Method.--
Such section is further amended--
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following
new subsection:
``(c)(1) In the case of covered alcoholic beverage
purchases of distilled spirits, to determine whether a
nonappropriated fund instrumentality of the Department of
Defense provides the most economical method of distribution to
package stores, the Secretary of Defense shall consider all
components of the distribution costs incurred by the
nonappropriated fund instrumentality, such as overhead costs
(including costs associated with management, logistics,
administration, depreciation, and utilities), the costs of
carrying inventory, and handling and distribution costs.
``(2) If the use of a private distributor would subject
covered alcoholic beverage purchases of distilled spirits to
direct or indirect State taxation, a nonappropriated fund
instrumentality shall be considered to be the most economical
method of distribution regardless of the results of the
determination under paragraph (1).
``(3) The Secretary shall use the agencies performing audit
functions on behalf of the armed forces and the Inspector
General of the Department of Defense to make determinations
under this subsection.''.
SEC. 334. TRANSPORTATION BY COMMISSARIES AND EXCHANGES TO OVERSEAS
LOCATIONS.
(a) In General.--Chapter 157 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2643. Commissary and exchange services: transportation overseas
``The Secretary of Defense shall authorize the officials
responsible for operation of commissaries and military
exchanges to negotiate directly with private carriers for the
most cost-effective transportation of commissary and exchange
supplies by sea without relying on the Military Sealift Command
or the Military Traffic Management Command. Section 2631 of
this title, regarding the preference for vessels of the United
States or belonging to the United States in the transportation
of supplies by sea, shall apply to the negotiation of
transportation contracts under the authority of this
section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2643. Commissary and exchange services: transportation overseas.''.
SEC. 335. DEMONSTRATION PROJECT FOR UNIFORM FUNDING OF MORALE, WELFARE,
AND RECREATION ACTIVITIES AT CERTAIN MILITARY
INSTALLATIONS.
(a) Demonstration Project Required.--(1) The Secretary of
Defense shall conduct a demonstration project to evaluate the
feasibility of using only nonappropriated funds to support
morale, welfare, and recreation programs at military
installations in order to facilitate the procurement of
property and services for those programs and the management of
employees used to carry out those programs.
(2) Under the demonstration project--
(A) procurements of property and services for
programs referred to in paragraph (1) may be carried
out in accordance with laws and regulations applicable
to procurements paid for with nonappropriated funds;
and
(B) appropriated funds available for such programs
may be expended in accordance with laws applicable to
expenditures of nonappropriated funds as if the
appropriated funds were nonappropriated funds.
(3) The Secretary shall prescribe regulations to carry out
paragraph (2). The regulations shall provide for financial
management and accounting of appropriated funds expended in
accordance with subparagraph (B) of such paragraph.
(b) Covered Military Installations.--The Secretary shall
select not less than three and not more than six military
installations to participate in the demonstration project.
(c) Period of Demonstration Project.--The demonstration
project shall terminate not later than September 30, 1998.
(d) Effect on Employees.--For the purpose of testing fiscal
accounting procedures, the Secretary may convert, for the
duration of the demonstration project, the status of an
employee who carries out a program referred to in subsection
(a)(1) from the status of an employee paid by appropriated
funds to the status of a nonappropriated fund instrumentality
employee, except that such conversion may occur only--
(1) if the employee whose status is to be
converted--
(A) is fully informed of the effects of
such conversion on the terms and conditions of
the employment of that employee for purposes of
title 5, United States Code, and on the
benefits provided to that employee under such
title; and
(B) consents to such conversion; or
(2) in a manner which does not affect such terms
and conditions of employment or such benefits.
(e) Reports.--(1) Not later than six months after the date
of the enactment of this Act, the Secretary shall submit to
Congress an interim report on the implementation of this
section.
(2) Not later than December 31, 1998, the Secretary shall
submit to Congress a final report on the results of the
demonstration project. The report shall include a comparison
of--
(A) the cost incurred under the demonstration
project in using employees paid by appropriated funds
together with nonappropriated fund instrumentality
employees to carry out the programs referred to in
subsection (a)(1); and
(B) an estimate of the cost that would have been
incurred if only nonappropriated fund instrumentality
employees had been used to carry out such programs.
SEC. 336. OPERATION OF COMBINED EXCHANGE AND COMMISSARY STORES.
(a) In General.--(1) Chapter 147 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2490a. Combined exchange and commissary stores
``(a) Authority.--The Secretary of Defense may authorize a
nonappropriated fund instrumentality to operate a military
exchange and a commissary store as a combined exchange and
commissary store on a military installation.
``(b) Limitations.--(1) Not more than ten combined exchange
and commissary stores may be operated pursuant to this section.
``(2) The Secretary may select a military installation for
the operation of a combined exchange and commissary store under
this section only if--
``(A) the installation is to be closed, or has been
or is to be realigned, under a base closure law; or
``(B) a military exchange and a commissary store
are operated at the installation by separate entities
at the time of, or immediately before, such selection
and it is not economically feasible to continue that
separate operation.
``(c) Operation at Carswell Field.--Combined exchange and
commissary stores operated under this section shall include the
combined exchange and commissary store that is operated at the
Naval Air Station Fort Worth, Joint Reserve Center, Carswell
Field, Texas, under the authority provided in section 375 of
the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2736).
``(d) Adjustments and Surcharges.--Adjustments to, and
surcharges on, the sales price of a grocery food item sold in a
combined exchange and commissary store under this section shall
be provided for in accordance with the same laws that govern
such adjustments and surcharges for items sold in a commissary
store of the Defense Commissary Agency.
``(e) Use of Appropriated Funds.--(1) If a nonappropriated
fund instrumentality incurs a loss in operating a combined
exchange and commissary store at a military installation under
this section as a result of the requirement set forth in
subsection (d), the Secretary may authorize a transfer of funds
available for the Defense Commissary Agency to the
nonappropriated fund instrumentality to offset the loss.
``(2) The total amount of appropriated funds transferred
during a fiscal year to support the operation of a combined
exchange and commissary store at a military installation under
this section may not exceed an amount that is equal to 25
percent of the amount of appropriated funds that was provided
for the operation of the commissary store of the Defense
Commissary Agency on that installation during the last full
fiscal year of operation of that commissary store.
``(f) Definitions.--In this section:
``(1) The term `nonappropriated fund
instrumentality' means the Army and Air Force Exchange
Service, Navy Exchange Service Command, Marine Corps
exchanges, or any other instrumentality of the United
States under the jurisdiction of the Armed Forces which
is conducted for the comfort, pleasure, contentment, or
physical or mental improvement of members of the Armed
Forces.
``(2) The term `base closure law' has the meaning
given such term by section 2667(g) of this title.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2490a. Combined exchange and commissary stores.''.
(b) Conforming Amendment.--Section 375 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2736) is amended by striking out ``, until
December 31, 1995,''.
SEC. 337. DEFERRED PAYMENT PROGRAMS OF MILITARY EXCHANGES.
(a) Use of Commercial Banking Institution.--(1) As soon as
practicable after the date of the enactment of this Act, the
Secretary of Defense shall seek to enter into an agreement with
a commercial banking institution under which the institution
agrees to finance and operate the deferred payment program of
the Army and Air Force Exchange Service and the deferred
payment program of the Navy Exchange Service Command. The
Secretary shall use competitive procedures to enter into an
agreement under this paragraph.
(2) In order to facilitate the transition of the operation
of the programs referred to in paragraph (1) to commercial
operation under an agreement described in that paragraph, the
Secretary may initially limit the scope of any such agreement
so as to apply to only one of the programs.
(b) Report.--Not later than December 31, 1995, the
Secretary shall submit to Congress a report on the
implementation of this section. The report shall also include
an analysis of the impact of the deferred payment programs
referred to in subsection (a)(1), including the impact of the
default and collection procedures under such programs, on
members of the Armed Forces and their families.
SEC. 338. AVAILABILITY OF FUNDS TO OFFSET EXPENSES INCURRED BY ARMY AND
AIR FORCE EXCHANGE SERVICE ON ACCOUNT OF TROOP
REDUCTIONS IN EUROPE.
Of funds authorized to be appropriated under section
301(5), not less than $70,000,000 shall be available to the
Secretary of Defense for transfer to the Army and Air Force
Exchange Service to offset expenses incurred by the Army and
Air Force Exchange Service on account of reductions in the
number of members of the United States Armed Forces assigned to
permanent duty ashore in Europe.
SEC. 339. STUDY REGARDING IMPROVING EFFICIENCIES IN OPERATION OF
MILITARY EXCHANGES AND OTHER MORALE, WELFARE, AND
RECREATION ACTIVITIES AND COMMISSARY STORES.
(a) Study Required.--The Secretary of Defense shall conduct
a study regarding the manner in which greater efficiencies can
be achieved in the operation of--
(1) military exchanges;
(2) other instrumentalities of the United States
under the jurisdiction of the Armed Forces which are
conducted for the comfort, pleasure, contentment, or
physical or mental improvement of members of the Armed
Forces; and
(3) commissary stores.
(b) Report of Study.--Not later than March 1, 1996, the
Secretary of Defense shall submit to Congress a report
describing the results of the study and containing such
recommendations as the Secretary considers appropriate to
implement options identified in the study to achieve the
greater efficiencies referred to in subsection (a).
SEC. 340. REPEAL OF REQUIREMENT TO CONVERT SHIPS' STORES TO
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) Repeal.--Section 371 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10
U.S.C. 7604 note) is amended--
(1) by striking out subsections (a) and (b); and
(2) by redesignating subsections (c) and (d) as
subsections (a) and (b), respectively.
(b) Inspector General Review.--Not later than April 1,
1996, the Inspector General of the Department of Defense shall
submit to Congress a report that reviews the report on the
costs and benefits of converting to operation of Navy ships'
stores by nonappropriated fund instrumentalities that the Navy
Audit Agency prepared in connection with the postponement of
the deadline for the conversion provided for in section 374(a)
of the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2736).
SEC. 341. DISPOSITION OF EXCESS MORALE, WELFARE, AND RECREATION FUNDS.
Section 2219 of title 10, United States Code, is amended--
(1) in the first sentence, by striking out ``a
military department'' and inserting in lieu thereof
``an armed force'';
(2) in the second sentence--
(A) by striking out ``, department-wide'';
and
(B) by striking out ``of the military
department'' and inserting in lieu thereof
``for that armed force''; and
(3) by adding at the end the following: ``This
section does not apply to the Coast Guard.''.
SEC. 342. CLARIFICATION OF ENTITLEMENT TO USE OF MORALE, WELFARE, AND
RECREATION FACILITIES BY MEMBERS OF RESERVE
COMPONENTS AND DEPENDENTS.
(a) In General.--Section 1065 of title 10, United States
Code, is amended to read as follows:
``Sec. 1065. Morale, welfare, and recreation retail facilities: use by
members of reserve components and dependents
``(a) Members of the Selected Reserve.--A member of the
Selected Reserve in good standing (as determined by the
Secretary concerned) shall be permitted to use MWR retail
facilities on the same basis as members on active duty.
``(b) Members of Ready Reserve Not in Selected Reserve.--
Subject to such regulations as the Secretary of Defense may
prescribe, a member of the Ready Reserve (other than members of
the Selected Reserve) may be permitted to use MWR retail
facilities on the same basis as members serving on active duty.
``(c) Reserve Retirees Under Age 60.--A member or former
member of a reserve component under 60 years of age who, but
for age, would be eligible for retired pay under chapter 1223
of this title shall be permitted to use MWR retail facilities
on the same basis as members of the armed forces entitled to
retired pay under any other provision of law.
``(d) Dependents.--(1) Dependents of a member who is
permitted under subsection (a) or (b) to use MWR retail
facilities shall be permitted to use such facilities on the
same basis as dependents of members on active duty.
``(2) Dependents of a member who is permitted under
subsection (c) to use MWR retail facilities shall be permitted
to use such facilities on the same basis as dependents of
members of the armed forces entitled to retired pay under any
other provision of law.
``(e) MWR Retail Facility Defined.--In this section, the
term `MWR retail facilities' means exchange stores and other
revenue-generating facilities operated by nonappropriated fund
activities of the Department of Defense for the morale,
welfare, and recreation of members of the armed forces.''.
(b) Clerical Amendment.--The item relating to such section
in the table of sections at the beginning of chapter 54 of such
title is amended to read as follows:
``1065. Morale, welfare, and recreation retail facilities: use by
members of reserve components and dependents.''.
Subtitle E--Performance of Functions by Private-Sector Sources
SEC. 351. COMPETITIVE PROCUREMENT OF PRINTING AND DUPLICATION SERVICES.
(a) Requirement for Competitive Procurement.--Except as
provided in subsection (b), the Secretary of Defense shall,
during fiscal year 1996 and consistent with the requirements of
title 44, United States Code, competitively procure printing
and duplication services from private-sector sources for the
performance of at least 70 percent of the total printing and
duplication requirements of the Defense Printing Service.
(b) Exception for Classified Information.--The requirement
of subsection (a) shall not apply to the procurement of
services for printing and duplicating classified documents and
information.
SEC. 352. DIRECT VENDOR DELIVERY SYSTEM FOR CONSUMABLE INVENTORY ITEMS
OF DEPARTMENT OF DEFENSE.
(a) Implementation of Direct Vendor Delivery System.--Not
later than September 30, 1997, the Secretary of Defense shall,
to the maximum extent practicable, implement a system under
which consumable inventory items referred to in subsection (b)
are delivered to military installations throughout the United
States directly by the vendors of those items. The purpose for
implementing the system is to reduce the expense and necessity
of maintaining extensive warehouses for those items within the
Department of Defense.
(b) Covered Items.--The items referred to in subsection (a)
are the following:
(1) Food and clothing.
(2) Medical and pharmaceutical supplies.
(3) Automotive, electrical, fuel, and construction
supplies.
(4) Other consumable inventory items the Secretary
considers appropriate.
SEC. 353. PAYROLL, FINANCE, AND ACCOUNTING FUNCTIONS OF THE DEPARTMENT
OF DEFENSE.
(a) Plan for Private Operation of Certain Functions.--(1)
Not later than March 1, 1996, the Secretary of Defense shall
submit to Congress a plan for the performance by private-sector
sources of payroll functions for civilian employees of the
Department of Defense other than employees paid from
nonappropriated funds.
(2)(A) The Secretary shall implement the plan referred to
in paragraph (1) if the Secretary determines that the cost of
performance by private-sector sources of the functions referred
to in that paragraph does not exceed the cost of performance of
those functions by employees of the Federal Government.
(B) In computing the total cost of performance of such
functions by employees of the Federal Government, the Secretary
shall include the following:
(i) Managerial and administrative costs.
(ii) Personnel costs, including the cost of
providing retirement benefits for such personnel.
(iii) Costs associated with the provision of
facilities and other support by Federal agencies.
(C) The Defense Contract Audit Agency shall verify the
costs computed for the Secretary under this paragraph by
others.
(3) Subject to paragraph (2), the Secretary shall implement
the plan not later than October 1, 1996.
(4) At the same time the Secretary submits the plan
required by paragraph (1), the Secretary shall submit to
Congress a report on other accounting and finance functions of
the Department that are appropriate for performance by private-
sector sources.
(b) Pilot Program for Private Operation of NAFI
Functions.--(1) The Secretary shall carry out a pilot program
to test the performance by private-sector sources of payroll
and other accounting and finance functions of nonappropriated
fund instrumentalities and to evaluate the extent to which cost
savings and efficiencies would result from the performance of
such functions by those sources.
(2) The payroll and other accounting and finance functions
designated by the Secretary for performance by private-sector
sources under the pilot program shall include at least one
major payroll, accounting, or finance function.
(3) To carry out the pilot program, the Secretary shall
enter into discussions with private-sector sources for the
purpose of developing a request for proposals to be issued for
performance by those sources of functions designated by the
Secretary under paragraph (2). The discussions shall be
conducted on a schedule that accommodates issuance of a request
for proposals within 60 days after the date of the enactment of
this Act.
(4) A goal of the pilot program is to reduce by at least 25
percent the total costs incurred by the Department annually for
the performance of a function referred to in paragraph (2)
through the performance of that function by a private-sector
source.
(5) Before conducting the pilot program, the Secretary
shall develop a plan for the program that addresses the
following:
(A) The purposes of the program.
(B) The methodology, duration, and anticipated
costs of the program, including the cost of an
arrangement pursuant to which a private-sector source
would receive an agreed-upon payment plus an additional
negotiated amount not to exceed 50 percent of the
dollar savings achieved in excess of the goal specified
in paragraph (4).
(C) A specific citation to any provisions of law,
rule, or regulation that, if not waived, would prohibit
the conduct of the program or any part of the program.
(D) A mechanism to evaluate the program.
(E) A provision for all payroll, accounting, and
finance functions of nonappropriated fund
instrumentalities of the Department of Defense to be
performed by private-sector sources, if determined
advisable on the basis of a final assessment of the
results of the program.
(6) The Secretary shall act through the Under Secretary of
Defense (Comptroller) in the performance of the Secretary's
responsibilities under this subsection.
(c) Limitation on Opening of New Operating Locations for
Defense Finance and Accounting Service.--(1) Except as provided
in paragraph (2), the Secretary may not establish a new
operating location for the Defense Finance and Accounting
Service during fiscal year 1996.
(2) The Secretary may establish a new operating location
for the Defense Finance and Accounting Service if--
(A) for a new operating location that the Secretary
planned before the date of the enactment of this Act to
establish on or after that date, the Secretary
reconsiders the need for establishing that new
operating location; and
(B) for each new operating location, including a
new operating location referred to in subparagraph
(A)--
(i) the Secretary submits to Congress, as
part of the report required by subsection
(a)(4), an analysis of the need for
establishing the new operating location; and
(ii) a period of 30 days elapses after the
Congress receives the report.
(3) In this subsection, the term ``new operating location''
means an operating location that is not in operation on the
date of the enactment of this Act, except that such term does
not include an operating location for which, as of such date--
(A) the Secretary has established a date for the
commencement of operations; and
(B) funds have been expended for the purpose of its
establishment.
SEC. 354. DEMONSTRATION PROGRAM TO IDENTIFY OVERPAYMENTS MADE TO
VENDORS.
(a) In General.--The Secretary of Defense shall conduct a
demonstration program to evaluate the feasibility of using
private contractors to audit accounting and procurement records
of the Department of Defense in order to identify overpayments
made to vendors by the Department. The demonstration program
shall be conducted for the Defense Logistics Agency and include
the Defense Personnel Support Center.
(b) Program Requirements.--(1) Under the demonstration
program, the Secretary shall, by contract, provide for one or
more persons to audit the accounting and procurement records of
the Defense Logistics Agency that relate to (at least) fiscal
years 1993, 1994, and 1995. The Secretary may enter into more
than one contract under the program.
(2) A contract under the demonstration program shall
require the contractor to use data processing techniques that
are generally used in audits of private-sector records similar
to the records audited under the contract.
(c) Audit Requirements.--In conducting an audit under the
demonstration program, a contractor shall compare Department of
Defense purchase agreements (and related documents) with
invoices submitted by vendors under the purchase agreements. A
purpose of the comparison is to identify, in the case of each
audited purchase agreement, the following:
(1) Any payments to the vendor for costs that are
not allowable under the terms of the purchase agreement
or by law.
(2) Any amounts not deducted from the total amount
paid to the vendor under the purchase agreement that
should have been deducted from that amount on account
of goods and services provided to the vendor by the
Department.
(3) Duplicate payments.
(4) Unauthorized charges.
(5) Other discrepancies between the amount paid to
the vendor and the amount actually due the vendor under
the purchase agreement.
(d) Bonus Payment.--To the extent provided for in a
contract under the demonstration program, the Secretary may pay
the contractor a bonus in addition to any other amount paid for
performance of the contract. The amount of such bonus may not
exceed the amount that is equal to 25 percent of all amounts
recovered by the United States on the basis of information
obtained as a result of the audit performed under the contract.
Any such bonus shall be paid out of amounts made available
pursuant to subsection (e).
(e) Availability of Funds.--Of the amount authorized to be
appropriated pursuant to section 301(5), not more than
$5,000,000 shall be available for the demonstration program.
SEC. 355. PILOT PROGRAM ON PRIVATE OPERATION OF DEFENSE DEPENDENTS'
SCHOOLS.
(a) Pilot Program.--The Secretary of Defense may conduct a
pilot program to evaluate the feasibility of using private
contractors to operate schools of the defense dependents'
education system established under section 1402(a) of the
Defense Dependents' Education Act of 1978 (20 U.S.C. 921(a)).
(b) Selection of School for Program.--If the Secretary
conducts the pilot program, the Secretary shall select one
school of the defense dependents' education system for
participation in the program and provide for the operation of
the school by a private contractor for not less than one
complete school year.
(c) Report.--Not later than 30 days after the end of the
first school year in which the pilot program is conducted, the
Secretary shall submit to Congress a report on the results of
the program. The report shall include the recommendation of the
Secretary with respect to the extent to which other schools of
the defense dependents' education system should be operated by
private contractors.
SEC. 356. PROGRAM FOR IMPROVED TRAVEL PROCESS FOR THE DEPARTMENT OF
DEFENSE.
(a) In General.--(1) The Secretary of Defense shall conduct
a program to evaluate options to improve the Department of
Defense travel process. To carry out the program, the Secretary
shall compare the results of the tests conducted under
subsection (b) to determine which travel process tested under
such subsection is the better option to effectively manage
travel of Department personnel.
(2) The program shall be conducted at not less than three
and not more than six military installations, except that an
installation may be the subject of only one test conducted
under the program.
(3) The Secretary shall act through the Under Secretary of
Defense (Comptroller) in the performance of the Secretary's
responsibilities under this section.
(b) Conduct of Tests.--(1) The Secretary shall conduct a
test at an installation referred to in subsection (a)(2) under
which the Secretary--
(A) implements the changes proposed to be made with
respect to the Department of Defense travel process by
the task force on travel management that was
established by the Secretary in July 1994;
(B) manages and uniformly applies that travel
process (including the implemented changes) throughout
the Department; and
(C) provides opportunities for private-sector
sources to provide travel reservation services and
credit card services to facilitate that travel process.
(2) The Secretary shall conduct a test at an installation
referred to in subsection (a)(2) under which the Secretary--
(A) enters into one or more contracts with a
private-sector source pursuant to which the private-
sector source manages the Department of Defense travel
process (except for functions referred to in
subparagraph (B)), provides for responsive, reasonably
priced services as part of the travel process, and
uniformly applies the travel process throughout the
Department; and
(B) provides for the performance by employees of
the Department of only those travel functions, such as
travel authorization, that the Secretary considers to
be necessary to be performed by such employees.
(3) Each test required by this subsection shall begin not
later than 60 days after the date of the enactment of this Act
and end two years after the date on which it began. Each such
test shall also be conducted in accordance with the guidelines
for travel management issued for the Department by the Under
Secretary of Defense (Comptroller).
(c) Evaluation Criteria.--The Secretary shall establish
criteria to evaluate the travel processes tested under
subsection (b). The criteria shall, at a minimum, include the
extent to which a travel process provides for the following:
(1) The coordination, at the time of a travel
reservation, of travel policy and cost estimates with
the mission which necessitates the travel.
(2) The use of fully integrated travel solutions
envisioned by the travel reengineering report of the
Department of Defense dated January 1995.
(3) The coordination of credit card data and travel
reservation data with cost estimate data.
(4) The elimination of the need for multiple travel
approvals through the coordination of such data with
proposed travel plans.
(5) A responsive and flexible management
information system that enables the Under Secretary of
Defense (Comptroller) to monitor travel expenses
throughout the year, accurately plan travel budgets for
future years, and assess, in the case of travel of an
employee on temporary duty, the relationship between
the cost of the travel and the value of the travel to
the accomplishment of the mission which necessitates
the travel.
(d) Plan for Program.--Before conducting the program, the
Secretary shall develop a plan for the program that addresses
the following:
(1) The purposes of the program, including the
achievement of an objective of reducing by at least 50
percent the total cost incurred by the Department
annually to manage the Department of Defense travel
process.
(2) The methodology and anticipated cost of the
program, including the cost of an arrangement pursuant
to which a private-sector source would receive an
agreed-upon payment plus an additional negotiated
amount that does not exceed 50 percent of the total
amount saved in excess of the objective specified in
paragraph (1).
(3) A specific citation to any provision or law,
rule, or regulation that, if not waived, would prohibit
the conduct of the program or any part of the program.
(4) The evaluation criteria established pursuant to
subsection (c).
(5) A provision for implementing throughout the
Department the travel process determined to be the
better option to effectively manage travel of
Department personnel on the basis of a final assessment
of the results of the program.
(e) Report.--After the first full year of the conduct of
the tests required by subsection (b), the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
a report on the implementation of the program. The report shall
include an analysis of the evaluation criteria established
pursuant to subsection (c).
SEC. 357. INCREASED RELIANCE ON PRIVATE-SECTOR SOURCES FOR COMMERCIAL
PRODUCTS AND SERVICES.
(a) In General.--The Secretary of Defense shall endeavor to
carry out through a private-sector source any activity to
provide a commercial product or service for the Department of
Defense if--
(1) the product or service can be provided
adequately through such a source; and
(2) an adequate competitive environment exists to
provide for economical performance of the activity by
such a source.
(b) Applicability.--(1) Subsection (a) shall not apply to
any commercial product or service with respect to which the
Secretary determines that production, manufacture, or provision
of that product or service by the Government is necessary for
reasons of national security.
(2) A determination under paragraph (1) shall be made in
accordance with regulations prescribed under subsection (c).
(c) Regulations.--The Secretary shall prescribe regulations
to carry out this section. Such regulations shall be prescribed
in consultation with the Director of the Office of Management
and Budget.
(d) Report.--(1) The Secretary shall identify activities of
the Department (other than activities specified by the
Secretary pursuant to subsection (b)) that are carried out by
employees of the Department to provide commercial-type products
or services for the Department.
(2) Not later than April 15, 1996, the Secretary shall
transmit to the congressional defense committees a report on
opportunities for increased use of private-sector sources to
provide commercial products and services for the Department.
(3) The report required by paragraph (2) shall include the
following:
(A) A list of activities identified under paragraph
(1) indicating, for each activity, whether the
Secretary proposes to convert the performance of that
activity to performance by private-sector sources and,
if not, the reasons why.
(B) An assessment of the advantages and
disadvantages of using private-sector sources, rather
than employees of the Department, to provide commercial
products and services for the Department that are not
essential to the warfighting mission of the Armed
Forces.
(C) A specification of all legislative and
regulatory impediments to converting the performance of
activities identified under paragraph (1) to
performance by private-sector sources.
(D) The views of the Secretary on the desirability
of terminating the applicability of OMB Circular A-76
to the Department.
(4) The Secretary shall carry out paragraph (1) in
consultation with the Director of the Office of Management and
Budget and the Comptroller General of the United States. In
carrying out that paragraph, the Secretary shall consult with,
and seek the views of, representatives of the private sector,
including organizations representing small businesses.
Subtitle F--Miscellaneous Reviews, Studies, and Reports
SEC. 361. QUARTERLY READINESS REPORTS.
(a) In General.--(1) Chapter 22 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 452. Quarterly readiness reports
``(a) Requirement.--Not later than 30 days after the end of
each calendar-year quarter, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
a report on military readiness. The report for any quarter
shall be based on assessments that are provided during that
quarter--
``(1) to any council, committee, or other body of
the Department of Defense (A) that has responsibility
for readiness oversight, and (B) the membership of
which includes at least one civilian officer in the
Office of the Secretary of Defense at the level of
Assistant Secretary of Defense or higher;
``(2) by senior civilian and military officers of
the military departments and the commanders of the
unified and specified commands; and
``(3) as part of any regularly established process
of periodic readiness reviews for the Department of
Defense as a whole.
``(b) Matters To Be Included.--Each such report shall--
``(1) specifically describe identified readiness
problems or deficiencies and planned remedial actions;
and
``(2) include the key indicators and other relevant
data related to the identified problem or deficiency.
``(c) Classification of Reports.--Reports under this
section shall be submitted in unclassified form and may, as the
Secretary determines necessary, also be submitted in classified
form.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``452. Quarterly readiness reports.''.
(b) Effective Date.--Section 452 of title 10, United States
Code, as added by subsection (a), shall take effect with the
calendar-year quarter during which this Act is enacted.
SEC. 362. RESTATEMENT OF REQUIREMENT FOR SEMIANNUAL REPORTS TO CONGRESS
ON TRANSFERS FROM HIGH-PRIORITY READINESS
APPROPRIATIONS.
Section 361 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2732) is
amended to read as follows:
``SEC. 361. SEMIANNUAL REPORTS TO CONGRESS ON TRANSFERS FROM HIGH-
PRIORITY READINESS APPROPRIATIONS.
``(a) Annual Reports.--During 1996 and 1997, the Secretary
of Defense shall submit to the congressional defense committees
a report on transfers during the preceding fiscal year from
funds available for each budget activity specified in
subsection (d) (hereinafter in this section referred to as
`covered budget activities'). The report each year shall be
submitted not later than the date in that year on which the
President submits the budget for the next fiscal year to
Congress pursuant to section 1105 of title 31, United States
Code.
``(b) Midyear Reports.--On May 1 of each year specified in
subsection (a), the Secretary of Defense shall submit to the
congressional defense committees a report providing the same
information, with respect to the first six months of the fiscal
year in which the report is submitted, that is provided in
reports under subsection (a) with respect to the preceding
fiscal year.
``(c) Matters To Be Included.--In each report under this
section, the Secretary shall include for each covered budget
activity the following:
``(1) A statement, for the period covered by the
report, of--
``(A) the total amount of transfers into
funds available for that activity;
``(B) the total amount of transfers from
funds available for that activity; and
``(C) the net amount of transfers into, or
out of, funds available for that activity.
``(2) A detailed explanation of the transfers into,
and out of, funds available for that activity during
the period covered by the report.
``(d) Covered Budget Activities.--The budget activities to
which this section applies are the following:
``(1) The budget activity groups (known as
`subactivities') within the Operating Forces budget
activity of the annual Operation and Maintenance, Army,
appropriation that are designated as follows:
``(A) Combat Units.
``(B) Tactical Support.
``(C) Force-Related Training/Special
Activities.
``(D) Depot Maintenance.
``(E) JCS Exercises.
``(2) The budget activity groups (known as
`subactivities') within the Operating Forces budget
activity of the annual Operation and Maintenance, Navy,
appropriation that are designated as follows:
``(A) Mission and Other Flight Operations.
``(B) Mission and Other Ship Operations.
``(C) Fleet Air Training.
``(D) Ship Operational Support and
Training.
``(E) Aircraft Depot Maintenance.
``(F) Ship Depot Maintenance.
``(3) The budget activity groups (known as
`subactivities'), or other activity, within the
Operating Forces budget activity of the annual
Operation and Maintenance, Air Force, appropriation
that are designated or otherwise identified as follows:
``(A) Primary Combat Forces.
``(B) Primary Combat Weapons.
``(C) Global and Early Warning.
``(D) Air Operations Training.
``(E) Depot Maintenance.
``(F) JCS Exercises.''.
SEC. 363. REPORT REGARDING REDUCTION OF COSTS ASSOCIATED WITH CONTRACT
MANAGEMENT OVERSIGHT.
(a) Report Required.--Not later than April 1, 1996, the
Comptroller General of the United States shall submit to
Congress a report identifying methods to reduce the cost to the
Department of Defense of management oversight of contracts in
connection with major defense acquisition programs.
(b) Major Defense Acquisition Programs Defined.--For
purposes of this section, the term ``major defense acquisition
program'' has the meaning given that term in section 2430(a) of
title 10, United States Code.
SEC. 364. REVIEWS OF MANAGEMENT OF INVENTORY CONTROL POINTS AND
MATERIEL MANAGEMENT STANDARD SYSTEM.
(a) Review of Consolidation of Inventory Control Points.--
(1) The Secretary of Defense shall conduct a review of the
management by the Defense Logistics Agency of all inventory
control points of the Department of Defense. In conducting the
review, the Secretary shall examine the management and
acquisition practices of the Defense Logistics Agency for
inventory of repairable spare parts.
(2) Not later than March 31, 1996, the Secretary shall
submit to the Comptroller General of the United States and the
congressional defense committees a report on the results the
review conducted under paragraph (1).
(b) Review of Materiel Management Standard System.--(1) The
Comptroller General of the United States shall conduct a review
of the automated data processing system of the Department of
Defense known as the Materiel Management Standard System.
(2) Not later than May 1, 1996, the Comptroller General
shall submit to the congressional defense committees a report
on the results of the review conducted under paragraph (1).
SEC. 365. REPORT ON PRIVATE PERFORMANCE OF CERTAIN FUNCTIONS PERFORMED
BY MILITARY AIRCRAFT.
(a) Report Required.--Not later than May 1, 1996, the
Secretary of Defense shall submit to Congress a report on the
feasibility of providing for the performance by private-sector
sources of functions necessary to be performed to fulfill the
requirements of the Department of Defense for air
transportation of personnel and cargo.
(b) Content of Report.--The report shall include the
following:
(1) A cost-benefit analysis with respect to the
performance by private-sector sources of functions
described in subsection (a), including an explanation
of the assumptions used in the cost-benefit analysis.
(2) An assessment of the issues raised by providing
for such performance by means of a contract entered
into with a private-sector source.
(3) An assessment of the issues raised by providing
for such performance by means of converting functions
described in subsection (a) to private ownership and
operation, in whole or in part.
(4) A discussion of the requirements for the
performance of such functions in order to fulfill the
requirements referred to in subsection (a) during
wartime.
(5) The effect on military personnel and facilities
of using private-sector sources to fulfill the
requirements referred to in such subsection.
(6) The performance by private-sector sources of
any other military aircraft functions (such as non-
combat inflight fueling of aircraft) the Secretary
considers appropriate.
SEC. 366. STRATEGY AND REPORT ON AUTOMATED INFORMATION SYSTEMS OF
DEPARTMENT OF DEFENSE.
(a) Development of Strategy.--The Secretary of Defense
shall develop a strategy for the development or modernization
of automated information systems for the Department of Defense.
(b) Matters to Consider.--In developing the strategy
required under subsection (a), the Secretary shall consider the
following:
(1) The use of performance measures and management
controls.
(2) Findings of the Functional Management Review
conducted by the Secretary.
(3) Program management actions planned by the
Secretary.
(4) Actions and milestones necessary for completion
of functional and economic analyses for--
(A) the Automated System for Transportation
data;
(B) continuous acquisition and life cycle
support;
(C) electronic data interchange;
(D) flexible computer integrated
manufacturing;
(E) the Navy Tactical Command Support
System; and
(F) the Defense Information System Network.
(5) Progress made by the Secretary in resolving
problems with respect to the Defense Information System
Network and the Joint Computer-Aided Acquisition and
Logistics Support System.
(6) Tasks identified in the review conducted by the
Secretary of the Standard Installation/Division
Personnel System-3.
(7) Such other matters as the Secretary considers
appropriate.
(c) Report on Strategy.--(1) Not later than April 15, 1996,
the Secretary shall submit to Congress a report on the
development of the strategy required under subsection (a).
(2) In the case of the Air Force Wargaming Center, the Air
Force Command Exercise System, the Cheyenne Mountain Upgrade,
the Transportation Coordinator Automated Command and Control
Information Systems, and the Wing Command and Control Systems,
the report required by paragraph (1) shall provide functional
economic analyses and address waivers exercised for compelling
military importance under section 381(d) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2739).
(3) The report required by paragraph (1) shall also include
the following:
(A) A certification by the Secretary of the
termination of the Personnel Electronic Record
Management System or a justification for the continued
need for such system.
(B) Findings of the Functional Management Review
conducted by the Secretary and program management
actions planned by the Secretary for--
(i) the Base Level System Modernization and
the Sustaining Base Information System; and
(ii) the Standard Installation/Division
Personnel System-3.
(C) An assessment of the implementation of
migration systems and applications, including--
(i) identification of the systems and
applications by functional or business area,
specifying target dates for operation of the
systems and applications;
(ii) identification of the legacy systems
and applications that will be terminated;
(iii) the cost of and schedules for
implementing the migration systems and
applications; and
(iv) termination schedules.
(D) A certification by the Secretary that each
information system that is subject to review by the
Major Automated Information System Review Committee of
the Department is cost-effective and supports the
corporate information management goals of the
Department, including the results of the review
conducted for each such system by the Committee.
Subtitle G--Other Matters
SEC. 371. CODIFICATION OF DEFENSE BUSINESS OPERATIONS FUND.
(a) Management of Working-Capital Funds.--(1) Chapter 131
of title 10, United States Code, is amended by inserting after
section 2215 the following new section:
``Sec. 2216. Defense Business Operations Fund
``(a) Management of Working-Capital Funds and Certain
Activities.--The Secretary of Defense may manage the
performance of the working-capital funds and industrial,
commercial, and support type activities described in subsection
(b) through the fund known as the Defense Business Operations
Fund, which is established on the books of the Treasury. Except
for the funds and activities specified in subsection (b), no
other functions, activities, funds, or accounts of the
Department of Defense may be managed or converted to management
through the Fund.
``(b) Funds and Activities Included.--The funds and
activities referred to in subsection (a) are the following:
``(1) Working-capital funds established under
section 2208 of this title and in existence on December
5, 1991.
``(2) Those activities that, on December 5, 1991,
were funded through the use of a working-capital fund
established under that section.
``(3) The Defense Finance and Accounting Service.
``(4) The Defense Commissary Agency.
``(5) The Defense Reutilization and Marketing
Service.
``(6) The Joint Logistics Systems Center.
``(c) Separate Accounting, Reporting, and Auditing of Funds
and Activities.--(1) The Secretary of Defense shall provide in
accordance with this subsection for separate accounting,
reporting, and auditing of funds and activities managed through
the Fund.
``(2) The Secretary shall maintain the separate identity of
each fund and activity managed through the Fund that (before
the establishment of the Fund) was managed as a separate fund
or activity.
``(3) The Secretary shall maintain separate records for
each function for which payment is made through the Fund and
which (before the establishment of the Fund) was paid directly
through appropriations, including the separate identity of the
appropriation account used to pay for the performance of the
function.
``(d) Charges for Goods and Services Provided Through the
Fund.--(1) Charges for goods and services provided through the
Fund shall include the following:
``(A) Amounts necessary to recover the full costs
of the goods and services, whenever practicable, and
the costs of the development, implementation,
operation, and maintenance of systems supporting the
wholesale supply and maintenance activities of the
Department of Defense.
``(B) Amounts for depreciation of capital assets,
set in accordance with generally accepted accounting
principles.
``(C) Amounts necessary to recover the full cost of
the operation of the Defense Finance Accounting
Service.
``(2) Charges for goods and services provided through the
Fund may not include the following:
``(A) Amounts necessary to recover the costs of a
military construction project (as defined in section
2801(b) of this title), other than a minor construction
project financed by the Fund pursuant to section
2805(c)(1) of this title.
``(B) Amounts necessary to cover costs incurred in
connection with the closure or realignment of a
military installation.
``(C) Amounts necessary to recover the costs of
functions designated by the Secretary of Defense as
mission critical, such as ammunition handling safety,
and amounts for ancillary tasks not directly related to
the mission of the function or activity managed through
the Fund.
``(3)(A) The Secretary of Defense may submit to a customer
a bill for the provision of goods and services through the Fund
in advance of the provision of those goods and services.
``(B) The Secretary shall submit to Congress a report on
advance billings made pursuant to subparagraph (A)--
``(i) when the aggregate amount of all such
billings after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1996
reaches $100,000,000; and
``(ii) whenever the aggregate amount of all such
billings after the date of a preceding report under
this subparagraph reaches $100,000,000.
``(C) Each report under subparagraph (B) shall include, for
each such advance billing, the following:
``(i) An explanation of the reason for the advance
billing.
``(ii) An analysis of the impact of the advance
billing on readiness.
``(iii) An analysis of the impact of the advance
billing on the customer so billed.
``(e) Capital Asset Subaccount.--(1) Amounts charged for
depreciation of capital assets pursuant to subsection (d)(1)(B)
shall be credited to a separate capital asset subaccount
established within the Fund.
``(2) The Secretary of Defense may award contracts for
capital assets of the Fund in advance of the availability of
funds in the subaccount.
``(f) Procedures For Accumulation of Funds.--The Secretary
of Defense shall establish billing procedures to ensure that
the balance in the Fund does not exceed the amount necessary to
provide for the working capital requirements of the Fund, as
determined by the Secretary.
``(g) Purchase From Other Sources.--The Secretary of
Defense or the Secretary of a military department may purchase
goods and services that are available for purchase from the
Fund from a source other than the Fund if the Secretary
determines that such source offers a more competitive rate for
the goods and services than the Fund offers.
``(h) Annual Reports and Budget.--The Secretary of Defense
shall annually submit to Congress, at the same time that the
President submits the budget under section 1105 of title 31,
the following:
``(1) A detailed report that contains a statement
of all receipts and disbursements of the Fund
(including such a statement for each subaccount of the
Fund) for the fiscal year ending in the year preceding
the year in which the budget is submitted.
``(2) A detailed proposed budget for the operation
of the Fund for the fiscal year for which the budget is
submitted.
``(3) A comparison of the amounts actually expended
for the operation of the Fund for the fiscal year
referred to in paragraph (1) with the amount proposed
for the operation of the Fund for that fiscal year in
the President's budget.
``(4) A report on the capital asset subaccount of
the Fund that contains the following information:
``(A) The opening balance of the subaccount
as of the beginning of the fiscal year in which
the report is submitted.
``(B) The estimated amounts to be credited
to the subaccount in the fiscal year in which
the report is submitted.
``(C) The estimated amounts of outlays to
be paid out of the subaccount in the fiscal
year in which the report is submitted.
``(D) The estimated balance of the
subaccount at the end of the fiscal year in
which the report is submitted.
``(E) A statement of how much of the
estimated balance at the end of the fiscal year
in which the report is submitted will be needed
to pay outlays in the immediately following
fiscal year that are in excess of the amount to
be credited to the subaccount in the
immediately following fiscal year.
``(i) Definitions.--In this section:
``(1) The term `capital assets' means the following
capital assets that have a development or acquisition
cost of not less than $50,000:
``(A) Minor construction projects financed
by the Fund pursuant to section 2805(c)(1) of
this title.
``(B) Automatic data processing equipment,
software.
``(C) Equipment other than equipment
described in subparagraph (B).
``(D) Other capital improvements.
``(2) The term `Fund' means the Defense Business
Operations Fund.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2215
the following new item:
``2216. Defense Business Operations Fund.''.
(b) Conforming Repeals.--The following provisions of law
are hereby repealed:
(1) Subsections (b), (c), (d), and (e) of section
311 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 2208
note).
(2) Subsections (a) and (b) of section 333 of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 10 U.S.C. 2208 note).
(3) Section 342 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 10 U.S.C. 2208 note).
(4) Section 316 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 10 U.S.C. 2208 note).
(5) Section 8121 of the Department of Defense
Appropriations Act, 1992 (Public Law 102-172; 10 U.S.C.
2208 note).
SEC. 372. CLARIFICATION OF SERVICES AND PROPERTY THAT MAY BE EXCHANGED
TO BENEFIT THE HISTORICAL COLLECTION OF THE ARMED
FORCES.
Section 2572(b)(1) of title 10, United States Code, is
amended by striking out ``not needed by the armed forces'' and
all that follows through the end of the paragraph and inserting
in lieu thereof the following: ``not needed by the armed forces
for any of the following items or services if such items or
services directly benefit the historical collection of the
armed forces:
``(A) Similar items held by any individual,
organization, institution, agency, or nation.
``(B) Conservation supplies, equipment, facilities,
or systems.
``(C) Search, salvage, or transportation services.
``(D) Restoration, conservation, or preservation
services.
``(E) Educational programs.''.
SEC. 373. PROHIBITION ON CAPITAL LEASE FOR DEFENSE BUSINESS MANAGEMENT
UNIVERSITY.
None of the funds appropriated to the Department of Defense
for fiscal year 1996 may be used to enter into any lease with
respect to the Center for Financial Management Education and
Training of the Defense Business Management University if the
lease would be treated as a capital lease for budgetary
purposes.
SEC. 374. PERMANENT AUTHORITY FOR USE OF PROCEEDS FROM THE SALE OF
CERTAIN LOST, ABANDONED, OR UNCLAIMED PROPERTY.
(a) Permanent Authority.--Section 2575 of title 10 is
amended--
(1) by striking out subsection (b) and inserting in
lieu thereof the following:
``(b)(1) In the case of lost, abandoned, or unclaimed
personal property found on a military installation, the
proceeds from the sale of the property under this section shall
be credited to the operation and maintenance account of that
installation and used--
``(A) to reimburse the installation for any costs
incurred by the installation to collect, transport,
store, protect, or sell the property; and
``(B) to the extent that the amount of the proceeds
exceeds the amount necessary for reimbursing all such
costs, to support morale, welfare, and recreation
activities under the jurisdiction of the armed forces
that are conducted for the comfort, pleasure,
contentment, or physical or mental improvement of
members of the armed forces at such installation.
``(2) The net proceeds from the sale of other property
under this section shall be covered into the Treasury as
miscellaneous receipts.''; and
(2) by adding at the end the following:
``(d)(1) The owner (or heirs, next of kin, or legal
representative of the owner) of personal property the proceeds
of which are credited to a military installation under
subsection (b)(1) may file a claim with the Secretary of
Defense for the amount equal to the proceeds (less costs
referred to in subparagraph (A) of such subsection). Amounts to
pay the claim shall be drawn from the morale, welfare, and
recreation account for the installation that received the
proceeds.
``(2) The owner (or heirs, next of kin, or legal
representative of the owner) may file a claim with the
Comptroller General of the United States for proceeds covered
into the Treasury under subsection (b)(2).
``(3) Unless a claim is filed under this subsection within
5 years after the date of the disposal of the property to which
the claim relates, the claim may not be considered by a court,
the Secretary of Defense (in the case of a claim filed under
paragraph (1)), or the Comptroller General of the United States
(in the case of a claim filed under paragraph (2)).''.
(b) Repeal of Authority for Demonstration Program.--Section
343 of the National Defense Authorization Act for Fiscal Years
1992 and 1993 (Public Law 102-190; 105 Stat. 1343) is repealed.
SEC. 375. SALE OF MILITARY CLOTHING AND SUBSISTENCE AND OTHER SUPPLIES
OF THE NAVY AND MARINE CORPS.
(a) In General.--(1) Chapter 651 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 7606. Subsistence and other supplies: members of armed forces;
veterans; executive or military departments and
employees; prices
``(a)(1) The Secretary of the Navy shall procure and sell,
for cash or credit--
``(A) articles designated by the Secretary to
members of the Navy and Marine Corps; and
``(B) items of individual clothing and equipment to
members of the Navy and Marine Corps, under such
restrictions as the Secretary may prescribe.
``(2) An account of sales on credit shall be kept and the
amount due reported to the Secretary. Except for articles and
items acquired through the use of working capital funds under
section 2208 of this title, sales of articles shall be at cost,
and sales of individual clothing and equipment shall be at
average current prices, including overhead, as determined by
the Secretary.
``(b) The Secretary shall sell subsistence supplies to
members of other armed forces at the prices at which like
property is sold to members of the Navy and Marine Corps.
``(c) The Secretary may sell serviceable supplies, other
than subsistence supplies, to members of other armed forces for
the buyers' use in the service. The prices at which the
supplies are sold shall be the same prices at which like
property is sold to members of the Navy and Marine Corps.
``(d) A person who has been discharged honorably or under
honorable conditions from the Army, Navy, Air Force or Marine
Corps and who is receiving care and medical treatment from the
Public Health Service or the Department of Veterans Affairs may
buy subsistence supplies and other supplies, except articles of
uniform, at the prices at which like property is sold to
members of the Navy and Marine Corps.
``(e) Under such conditions as the Secretary may prescribe,
exterior articles of uniform may be sold to a person who has
been discharged honorably or under honorable conditions from
the Navy or Marine Corps, at the prices at which like articles
are sold to members of the Navy or Marine Corps. This
subsection does not modify sections 772 or 773 of this title.
``(f) Under regulations prescribed by the Secretary,
payment for subsistence supplies shall be made in cash or by
commercial credit.
``(g)(1) The Secretary may provide for the procurement and
sale of stores designated by the Secretary to such civilian
officers and employees of the United States, and such other
persons, as the Secretary considers proper--
``(A) at military installations outside the United
States; and
``(B) subject to paragraph (2), at military
installations inside the United States where the
Secretary determines that it is impracticable for those
civilian officers, employees, and persons to obtain
such stores from commercial enterprises without
impairing the efficient operation of military
activities.
``(2) Sales to civilian officers and employees inside the
United States may be made under paragraph (1) only to civilian
officers and employees residing within military installations.
``(h) Appropriations for subsistence of the Navy or Marine
Corps may be applied to the purchase of subsistence supplies
for sale to members of the Navy and Marine Corps on active duty
for the use of such members and their families.''.
(2) The table of sections at the beginning of chapter 651
of such title is amended by adding at the end the following:
``7606. Subsistence and other supplies: members of armed forces;
veterans; executive or military departments and employees;
prices.''.
(b) Conforming Amendments for Other Armed Forces.--(1)
Section 4621 of such title is amended--
(A) by striking out ``The branch, office, or
officer designated by the Secretary of the Army'' in
subsection (a) and inserting in lieu thereof ``The
Secretary of the Army'';
(B) by striking out ``The branch, office, or
officer designated by the Secretary'' both places it
appears in subsections (b) and (c) and inserting in
lieu thereof ``The Secretary''; and
(C) by inserting before the period at the end of
subsection (f) the following: ``or by commercial
credit''.
(2) Section 9621 of such title is amended--
(A) by striking out ``The Air Force shall'' in
subsection (b) and inserting in lieu thereof ``The
Secretary shall''; and
(B) by inserting before the period at the end of
subsection (f) the following: ``or by commercial
credit''.
SEC. 376. PERSONNEL SERVICES AND LOGISTICAL SUPPORT FOR CERTAIN
ACTIVITIES HELD ON MILITARY INSTALLATIONS.
Section 2544 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection
(h); and
(2) by inserting after subsection (f) the following
new subsection:
``(g) In the case of a Boy Scout Jamboree held on a
military installation, the Secretary of Defense may provide
personnel services and logistical support at the military
installation in addition to the support authorized under
subsections (a) and (d).''.
SEC. 377. RETENTION OF MONETARY AWARDS.
(a) Monetary Awards.--Chapter 155 of title 10, United
States Code, is amended by adding at the end the following new
section:
``Sec. 2610. Competitions for excellence: acceptance of monetary awards
``(a) Acceptance Authorized.--The Secretary of Defense may
accept a monetary award given to the Department of Defense by a
nongovernmental entity as a result of the participation of the
Department in a competition carried out to recognize excellence
or innovation in providing services or administering programs.
``(b) Disposition of Awards.--A monetary award accepted
under subsection (a) shall be credited to one or more
nonappropriated fund accounts supporting morale, welfare, and
recreation activities for the command, installation, or other
activity that is recognized for the award. Amounts so credited
may be expended only for such activities.
``(c) Incidental Expenses.--Subject to such limitations as
may be provided in appropriation Acts, appropriations available
to the Department of Defense may be used to pay incidental
expenses incurred by the Department to participate in a
competition described in subsection (a) or to accept a monetary
award under this section.
``(d) Regulations and Reporting.--(1) The Secretary shall
prescribe regulations to determine the disposition of monetary
awards accepted under this section and the payment of
incidental expenses under subsection (c).
``(2) At the end of each year, the Secretary shall submit
to Congress a report for that year describing the disposition
of monetary awards accepted under this section and the payment
of incidental expenses under subsection (c).
``(e) Termination.--The authority of the Secretary under
this section shall expire two years after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 1996.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2610. Competitions for excellence: acceptance of monetary awards.''.
SEC. 378. PROVISION OF EQUIPMENT AND FACILITIES TO ASSIST IN EMERGENCY
RESPONSE ACTIONS.
Section 372 of title 10, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary of Defense''; and
(2) by adding at the end the following new
subsection:
``(b) Emergencies Involving Chemical and Biological
Agents.--(1) In addition to equipment and facilities described
in subsection (a), the Secretary may provide an item referred
to in paragraph (2) to a Federal, State, or local law
enforcement or emergency response agency to prepare for or
respond to an emergency involving chemical or biological agents
if the Secretary determines that the item is not reasonably
available from another source.
``(2) An item referred to in paragraph (1) is any material
or expertise of the Department of Defense appropriate for use
in preparing for or responding to an emergency involving
chemical or biological agents, including the following:
``(A) Training facilities.
``(B) Sensors.
``(C) Protective clothing.
``(D) Antidotes.''.
SEC. 379. REPORT ON DEPARTMENT OF DEFENSE MILITARY AND CIVIL DEFENSE
PREPAREDNESS TO RESPOND TO EMERGENCIES RESULTING
FROM A CHEMICAL, BIOLOGICAL, RADIOLOGICAL, OR
NUCLEAR ATTACK.
(a) Report.--(1) Not later than March 1, 1996, the
Secretary of Defense and the Secretary of Energy shall submit
to Congress a joint report on the military and civil defense
plans and programs of the Department of Defense to prepare for
and respond to the effects of an emergency in the United States
resulting from a chemical, biological, radiological, or nuclear
attack on the United States (hereinafter in this section
referred to as an ``attack-related civil defense emergency'').
(2) The report shall be prepared in consultation with the
Director of the Federal Emergency Management Agency.
(b) Content of Report.--The report shall include the
following:
(1) A discussion of the military and civil defense
plans and programs of the Department of Defense for
preparing for and responding to an attack-related civil
defense emergency arising from an attack of a type for
which the Department of Defense has a primary
responsibility to respond.
(2) A discussion of the military and civil defense
plans and programs of the Department of Defense for
preparing for and providing a response to an attack-
related civil defense emergency arising from an attack
of a type for which the Department of Defense has
responsibility to provide a supporting response.
(3) A description of any actions, and any
recommended legislation, that the Secretaries consider
necessary for improving the preparedness of the
Department of Defense to respond effectively to an
attack-related civil defense emergency.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
(a) Fiscal Year 1996.--The Armed Forces are authorized
strengths for active duty personnel as of September 30, 1996,
as follows:
(1) The Army, 495,000, of which not more than
81,300 may be commissioned officers.
(2) The Navy, 428,340, of which not more than
58,870 may be commissioned officers.
(3) The Marine Corps, 174,000, of which not more
than 17,978 may be commissioned officers.
(4) The Air Force, 388,200, of which not more than
75,928 may be commissioned officers.
(b) Floor on End Strengths.--(1) Chapter 39 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 691. Permanent end strength levels to support two major regional
contingencies
``(a) The end strengths specified in subsection (b) are the
minimum strengths necessary to enable the armed forces to
fulfill a national defense strategy calling for the United
States to be able to successfully conduct two nearly
simultaneous major regional contingencies.
``(b) Unless otherwise provided by law, the number of
members of the armed forces (other than the Coast Guard) on
active duty at the end of any fiscal year shall be not less
than the following:
``(1) For the Army, 495,000.
``(2) For the Navy, 395,000.
``(3) For the Marine Corps, 174,000.
``(4) For the Air Force, 381,000.
``(c) No funds appropriated to the Department of Defense
may be used to implement a reduction of the active duty end
strength for any of the armed forces for any fiscal year below
the level specified in subsection (b) unless the Secretary of
Defense submits to Congress notice of the proposed lower end
strength levels and a justification for those levels. No action
may then be taken to implement such a reduction for that fiscal
year until the end of the six-month period beginning on the
date of the receipt of such notice by Congress.
``(d) For a fiscal year for which the active duty end
strength authorized by law pursuant to section 115(a)(1)(A) of
this title for any of the armed forces is identical to the
number applicable to that armed force under subsection (b), the
Secretary of Defense may reduce that number by not more than
0.5 percent.
``(e) The number of members of the armed forces on active
duty shall be counted for purposes of this section in the same
manner as applies under section 115(a)(1) of this title.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``691. Permanent end strength levels to support two major regional
contingencies.''.
(c) Active Component End Strength Flexibility.--Section
115(c)(1) of title 10, United States Code, is amended by
striking out ``0.5 percent'' and ``inserting in lieu thereof
``1 percent''.
SEC. 402. TEMPORARY VARIATION IN DOPMA AUTHORIZED END STRENGTH
LIMITATIONS FOR ACTIVE DUTY AIR FORCE AND NAVY
OFFICERS IN CERTAIN GRADES.
(a) Air Force Officers.--In the administration of the
limitation under section 523(a)(1) of title 10, United States
Code, for fiscal years 1996 and 1997, the numbers applicable to
officers of the Air Force serving on active duty in the grades
of major, lieutenant colonel, and colonel shall be the numbers
set forth for that fiscal year in the following table (rather
than the numbers determined in accordance with the table in
that section):
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving on active duty in
the grade of:
Fiscal year: ---------------------------------------------------------
Major Lieutenant colonel Colonel
----------------------------------------------------------------------------------------------------------------
1996................................................ 15,566 9,876 3,609
1997................................................ 15,645 9,913 3,627
----------------------------------------------------------------------------------------------------------------
(b) Navy Officers.--In the administration of the limitation
under section 523(a)(2) of title 10, United States Code, for
fiscal years 1996 and 1997, the numbers applicable to officers
of the Navy serving on active duty in the grades of lieutenant
commander, commander, and captain shall be the numbers set
forth for that fiscal year in the following table (rather than
the numbers determined in accordance with the table in that
section):
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving on active duty in
the grade of:
Fiscal year: ---------------------------------------------------------
Lieutenant
commander Commander Captain
----------------------------------------------------------------------------------------------------------------
1996................................................ 11,924 7,390 3,234
1997................................................ 11,732 7,297 3,188
----------------------------------------------------------------------------------------------------------------
SEC. 403. CERTAIN GENERAL AND FLAG OFFICERS AWAITING RETIREMENT NOT TO
BE COUNTED.
(a) Distribution of Officers on Active Duty in General and
Flag Officer Grades.--Section 525 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(d) An officer continuing to hold the grade of general or
admiral under section 601(b)(4) of this title after relief from
the position of Chairman of the Joint Chiefs of Staff, Chief of
Staff of the Army, Chief of Naval Operations, Chief of Staff of
the Air Force, or Commandant of the Marine Corps shall not be
counted for purposes of this section.''.
(b) Number of Officers on Active Duty in Grade of General
or Admiral.--Section 528(b) of such title is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) An officer continuing to hold the grade of general or
admiral under section 601(b)(4) of this title after relief from
the position of Chairman of the Joint Chiefs of Staff, Chief of
Staff of the Army, Chief of Naval Operations, Chief of Staff of
the Air Force, or Commandant of the Marine Corps shall not be
counted for purposes of this section.''.
(c) Clarification.--Section 601(b) of such title is
amended--
(1) in the matter preceding paragraph (1), by
striking out ``of importance and responsibility
designated'' and inserting in lieu thereof ``designated
under subsection (a) or by law'';
(2) in paragraph (1), by striking out ``of
importance and responsibility'';
(3) in paragraph (2), by striking out
``designating'' and inserting in lieu thereof
``designated under subsection (a) or by law''; and
(4) in paragraph (4), by inserting ``under
subsection (a) or by law'' after ``designated''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) Fiscal Year 1996.--The Armed Forces are authorized
strengths for Selected Reserve personnel of the reserve
components as of September 30, 1996, as follows:
(1) The Army National Guard of the United States,
373,000.
(2) The Army Reserve, 230,000.
(3) The Naval Reserve, 98,894.
(4) The Marine Corps Reserve, 42,274.
(5) The Air National Guard of the United States,
112,707.
(6) The Air Force Reserve, 73,969.
(7) The Coast Guard Reserve, 8,000.
(b) Waiver Authority.--The Secretary of Defense may vary
the end strength authorized by subsection (a) by not more than
2 percent.
(c) Adjustments.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve
component for a fiscal year shall be proportionately reduced
by--
(1) the total authorized strength of units
organized to serve as units of the Selected Reserve of
such component which are on active duty (other than for
training) at the end of the fiscal year, and
(2) the total number of individual members not in
units organized to serve as units of the Selected
Reserve of such component who are on active duty (other
than for training or for unsatisfactory participation
in training) without their consent at the end of the
fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of
such reserve component shall be proportionately increased by
the total authorized strengths of such units and by the total
number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 1996, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the case
of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or training
the reserve components:
(1) The Army National Guard of the United States,
23,390.
(2) The Army Reserve, 11,575.
(3) The Naval Reserve, 17,587.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United States,
10,066.
(6) The Air Force Reserve, 628.
SEC. 413. COUNTING OF CERTAIN ACTIVE COMPONENT PERSONNEL ASSIGNED IN
SUPPORT OF RESERVE COMPONENT TRAINING.
Section 414(c) of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C.
12001 note) is amended--
(1) by inserting ``(1)'' before ``The Secretary'';
and
(2) by adding at the end the following new
paragraph:
``(2) The Secretary of Defense may count toward the number
of active component personnel required under paragraph (1) to
be assigned to serve as advisers under the program under this
section any active component personnel who are assigned to an
active component unit (A) that was established principally for
the purpose of providing dedicated training support to reserve
component units, and (B) the primary mission of which is to
provide such dedicated training support.''.
SEC. 414. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES AUTHORIZED TO
SERVE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) Officers.--The table in section 12011(a) of title 10,
United States Code, is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
Major or Lieutenant Commander....... 3,219 1,071 643 140
Lieutenant Colonel or Commander..... 1,524 520 672 90
Colonel or Navy Captain............. 412 188 274 30''.
------------------------------------------------------------------------
(b) Senior Enlisted Members.--The table in section 12012(a)
of such title is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9................................. 603 202 366 20
E-8................................. 2,585 429 890 94''.
------------------------------------------------------------------------
SEC. 415. RESERVES ON ACTIVE DUTY IN SUPPORT OF COOPERATIVE THREAT
REDUCTION PROGRAMS NOT TO BE COUNTED.
Section 115(d) of title 10, United States Code, is amended
by adding at the end the following:
``(8) Members of the Selected Reserve of the Ready
Reserve on active duty for more that 180 days to
support programs described in section 1203(b) of the
Cooperative Threat Reduction Act of 1993 (title XII of
Public Law 103-160; 22 U.S.C. 5952(b)).''.
SEC. 416. RESERVES ON ACTIVE DUTY FOR MILITARY-TO-MILITARY CONTACTS AND
COMPARABLE ACTIVITIES NOT TO BE COUNTED.
Section 168 of title 10, United States Code, is amended--
(1) by redesignating subsection (f) as subsection
(g); and
(2) by inserting after subsection (e) the following
new subsection (f):
``(f) Active Duty End Strengths.--(1) A member of a reserve
component referred to in paragraph (2) shall not be counted for
purposes of the following personnel strength limitations:
``(A) The end strength for active-duty personnel
authorized pursuant to section 115(a)(1) of this title
for the fiscal year in which the member carries out the
activities referred to in paragraph (2).
``(B) The authorized daily average for members in
pay grades E-8 and E-9 under section 517 of this title
for the calendar year in which the member carries out
such activities.
``(C) The authorized strengths for commissioned
officers under section 523 of this title for the fiscal
year in which the member carries out such activities.
``(2) A member of a reserve component referred to in
paragraph (1) is any member on active duty under an order to
active duty for 180 days or more who is engaged in activities
authorized under this section.''.
Subtitle C--Military Training Student Loads
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) In General.--For fiscal year 1996, the components of
the Armed Forces are authorized average military training loads
as follows:
(1) The Army, 75,013.
(2) The Navy, 44,238.
(3) The Marine Corps, 26,095.
(4) The Air Force, 33,232.
(b) Scope.--The average military training student loads
authorized for an armed force under subsection (a) apply to the
active and reserve components of that armed force.
(c) Adjustments.--The average military training student
loads authorized in subsection (a) shall be adjusted consistent
with the end strengths authorized in subtitles A and B. The
Secretary of Defense shall prescribe the manner in which such
adjustments shall be apportioned.
Subtitle D--Authorization of Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
1996 a total of $69,191,008,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 1996.
SEC. 432. AUTHORIZATION FOR INCREASE IN ACTIVE-DUTY END STRENGTHS.
(a) Authorization.--There is hereby authorized to be
appropriated to the Department of Defense for fiscal year 1996
for military personnel the sum of $112,000,000. Any amount
appropriated pursuant to this section shall be allocated, in
such manner as the Secretary of Defense prescribes, among
appropriations for active-component military personnel for that
fiscal year and shall be available only to increase the number
of members of the Armed Forces on active duty during that
fiscal year (compared to the number of members that would be on
active duty but for such appropriation).
(b) Effect on End Strengths.--The end-strength
authorizations in section 401 shall each be deemed to be
increased by such number as necessary to take account of
additional members of the Armed Forces authorized by the
Secretary of Defense pursuant to subsection (a).
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. JOINT OFFICER MANAGEMENT.
(a) Critical Joint Duty Assignment Positions.--Section
661(d)(2)(A) of title 10, United States Code, is amended by
striking out ``1,000'' and inserting in lieu thereof ``800''.
(b) Additional Qualifying Joint Service.--Section 664 of
such title is amended by adding at the end the following:
``(i) Joint Duty Credit for Certain Joint Task Force
Assignments.--(1) In the case of an officer who completes
service in a qualifying temporary joint task force assignment,
the Secretary of Defense, with the advice of the Chairman of
the Joint Chiefs of Staff, may (subject to the criteria
prescribed under paragraph (4)) grant the officer--
``(A) credit for having completed a full tour of
duty in a joint duty assignment; or
``(B) credit countable for determining cumulative
service in joint duty assignments.
``(2)(A) For purposes of paragraph (1), a qualifying
temporary joint task force assignment of an officer is a
temporary assignment, any part of which is performed by the
officer on or after the date of the enactment of this
subsection--
``(i) to the headquarters staff of a United States
joint task force that is part of a unified command or
the United States element of the headquarters staff of
a multinational force; and
``(ii) with respect to which the Secretary of
Defense determines that service of the officer in that
assignment is equivalent to that which would be gained
by the officer in a joint duty assignment.
``(B) An officer may not be granted credit under this
subsection unless the officer is recommended for such credit by
the Chairman of the Joint Chiefs of Staff.
``(3) Credit under paragraph (1) (including a determination
under paragraph (2)(A)(ii) and a recommendation under paragraph
(2)(B) with respect to such credit) may be granted only on a
case-by-case basis in the case of an individual officer.
``(4) The Secretary of Defense shall prescribe by
regulation criteria for determining whether an officer may be
granted credit under paragraph (1) with respect to service in a
qualifying temporary joint task force assignment. The criteria
shall apply uniformly among the armed forces and shall include
the following requirements:
``(A) For an officer to be credited as having
completed a full tour of duty in a joint duty
assignment, the length of the officer's service in the
qualifying temporary joint task force assignment must
meet the requirements of subsection (a) or (c).
``(B) For an officer to be credited with service
for purposes of determining cumulative service in joint
duty assignments, the officer must serve at least 90
consecutive days in the qualifying temporary joint task
force assignment.
``(C) The service must be performed in support of a
mission that is directed by the President or that is
assigned by the President to United States forces in
the joint task force involved.
``(D) The joint task force must be constituted or
designated by the Secretary of Defense or by the
commander of a combatant command or of another force.
``(E) The joint task force must conduct combat or
combat-related operations in a unified action under
joint or multinational command and control.
``(5) Officers for whom joint duty credit is granted
pursuant to this subsection may not be taken into account for
the purposes of any of the following provisions of this title:
section 661(d)(1), section 662(a)(3), section 662(b),
subsection (a) of this section, and paragraphs (7), (8), (9),
(11), and (12) of section 667.
``(6) In the case of an officer credited with having
completed a full tour of duty in a joint duty assignment
pursuant to this subsection, the Secretary of Defense may waive
the requirement in paragraph (1)(B) of section 661(c) of this
title that the tour of duty in a joint duty assignment be
performed after the officer completes a program of education
referred to in paragraph (1)(A) of that section. The provisions
of subparagraphs (C) and (D) of section 661(c)(3) of this title
shall apply to such a waiver in the same manner as to a waiver
under subparagraph (A) of that section.''.
(c) Information in Annual Report.--Section 667 of such
title is amended by striking out paragraph (16) and inserting
after paragraph (15) the following new paragraph (16):
``(16) The number of officers granted credit for
service in joint duty assignments under section 664(i)
of this title and--
``(A) of those officers--
``(i) the number of officers
credited with having completed a tour
of duty in a joint duty assignment; and
``(ii) the number of officers
granted credit for purposes of
determining cumulative service in joint
duty assignments; and
``(B) the identity of each operation for
which an officer has been granted credit
pursuant to section 664(i) of this title and a
brief description of the mission of the
operation.''.
(d) Applicability of Limitation on Waiver Authority.--
Section 661(c)(3) of such title is amended--
(1) in the third sentence of subparagraph (D), by
striking out ``The total number'' and inserting in lieu
thereof ``In the case of officers in grades below
brigadier general and rear admiral (lower half), the
total number''; and
(2) by adding at the end the following new
subparagraph:
``(E) There may not be more than 32 general and flag
officers on active duty at the same time who were selected for
the joint specialty while holding a general or flag officer
grade and for whom a waiver was granted under this
subparagraph.''.
(e) Length of Second Joint Tour.--Section 664 of such title
is amended--
(1) in subsection (e)(2), by inserting after
subparagraph (B) the following:
``(C) Service described in subsection (f)(6),
except that no more than 10 percent of all joint duty
assignments shown on the list published pursuant to
section 668(b)(2)(A) of this title may be so excluded
in any year.''; and
(2) in subsection (f)--
(A) in the matter preceding paragraph (1),
by striking out ``completion of--'' and
inserting in lieu thereof ``completion of any
of the following:'';
(B) by striking out ``a'' at the beginning
of paragraphs (1), (2), (4), and (5) and
inserting in lieu thereof ``A'';
(C) by striking out ``cumulative'' in
paragraph (3) and inserting in lieu thereof
``Cumulative'';
(D) by striking out the semicolon at the
end of paragraphs (1), (2), and (3) and ``;
or'' at the end of paragraph (4) and inserting
in lieu thereof a period; and
(E) by adding at the end the following:
``(6) A second joint duty assignment that is less
than the period required under subsection (a), but not
less than two years, without regard to whether a waiver
was granted for such assignment under subsection
(b).''.
(f) Technical Amendment.--Section 664(e)(1) of such title
is amended by striking out ``(after fiscal year 1990)''.
SEC. 502. RETIRED GRADE FOR OFFICERS IN GRADES ABOVE MAJOR GENERAL AND
REAR ADMIRAL.
(a) Applicability of Time-in-Grade Requirements.--Section
1370 of title 10, United States Code, is amended--
(1) in subsection (a)(2)(A), by striking out ``and
below lieutenant general or vice admiral''; and
(2) in the first sentence of subsection (d)(2)(B),
as added effective October 1, 1996, by section 1641 of
the Reserve Officer Personnel Management Act (title XVI
of Public Law 103-337; 108 Stat. 2968), by striking out
``and below lieutenant general or vice admiral''.
(b) Retirement in Highest Grade Upon Certification of
Satisfactory Service.--Subsection (c) of such section is
amended to read as follows:
``(c) Officers in O-9 and O-10 Grades.--(1) An officer who
is serving in or has served in the grade of general or admiral
or lieutenant general or vice admiral may be retired in that
grade under subsection (a) only after the Secretary of Defense
certifies in writing to the President and Congress that the
officer served on active duty satisfactorily in that grade.
``(2) In the case of an officer covered by paragraph (1),
the three-year service-in-grade requirement in paragraph (2)(A)
of subsection (a) may not be reduced or waived under that
subsection--
``(A) while the officer is under investigation for
alleged misconduct; or
``(B) while there is pending the disposition of an
adverse personnel action against the officer for
alleged misconduct.''.
(c) Repeal of Superseded Provisions.--Sections 3962(a),
5034, 5043(c), and 8962(a) of such title are repealed.
(d) Technical and Clerical Amendments.--(1) Sections
3962(b) and 8962(b) of such title are amended by striking out
``(b) Upon'' and inserting in lieu thereof ``Upon''.
(2) The table of sections at the beginning of chapter 505
of such title is amended by striking out the item relating to
section 5034.
(e) Effective Date for Amendment to Provision Taking Effect
in 1996.--The amendment made by subsection (a)(2) shall take
effect on October 1, 1996, immediately after subsection (d) of
section 1370 of title 10, United States Code, takes effect
under section 1691(b)(1) of the Reserve Officer Personnel
Management Act (108 Stat. 3026).
(f) Preservation of Applicability of Limitation.--Section
1370(a)(2)(C) of title 10, United States Code, is amended by
striking out ``The number of officers in an armed force in a
grade'' and inserting in lieu thereof ``In the case of a grade
below the grade of lieutenant general or vice admiral, the
number of members of one of the armed forces in that grade''.
(g) Stylistic Amendments.--Section 1370 of title 10, United
States Code, is further amended--
(1) in subsection (a), by striking out ``(a)(1)''
and inserting in lieu thereof ``(a) Rule for Retirement
in Highest Grade Held Satisfactorily.--(1)'';
(2) in subsection (b), by inserting ``Retirement in
Next Lower Grade.--'' after ``(b)''; and
(3) in subsection (d), as added effective October
1, 1996, by section 1641 of the Reserve Officer
Personnel Management Act (title XVI of Public Law 103-
337; 108 Stat. 2968), by striking out ``(d)(1)'' and
inserting in lieu thereof ``(d) Reserve Officers.--
(1)''.
SEC. 503. WEARING OF INSIGNIA FOR HIGHER GRADE BEFORE PROMOTION.
(a) Authority and Limitations.--(1) Chapter 45 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 777. Wearing of insignia of higher grade before promotion
(frocking): authority; restrictions
``(a) Authority.--An officer who has been selected for
promotion to the next higher grade may be authorized, under
regulations and policies of the Department of Defense and
subject to subsection (b), to wear the insignia for that next
higher grade. An officer who is so authorized to wear the
insignia of the next higher grade is said to be `frocked' to
that grade.
``(b) Restrictions.--An officer may not be authorized to
wear the insignia for a grade as described in subsection (a)
unless--
``(1) the Senate has given its advice and consent
to the appointment of the officer to that grade; and
``(2) the officer is serving in, or has received
orders to serve in, a position for which that grade is
authorized.
``(c) Benefits Not To Be Construed as Accruing.--(1)
Authority provided to an officer as described in subsection (a)
to wear the insignia of the next higher grade may not be
construed as conferring authority for that officer to--
``(A) be paid the rate of pay provided for an
officer in that grade having the same number of years
of service as that officer; or
``(B) assume any legal authority associated with
that grade.
``(2) The period for which an officer wears the insignia of
the next higher grade under such authority may not be taken
into account for any of the following purposes:
``(A) Seniority in that grade.
``(B) Time of service in that grade.
``(d) Limitation on Number of Officers Frocked to Specified
Grades.--(1) The total number of colonels and Navy captains on
the active-duty list who are authorized as described in
subsection (a) to wear the insignia for the grade of brigadier
general or rear admiral (lower half), as the case may be, may
not exceed the following:
``(A) During fiscal years 1996 and 1997, 75.
``(B) During fiscal year 1998, 55.
``(C) After fiscal year 1998, 35.
``(2) The number of officers of an armed force on the
active-duty list who are authorized as described in subsection
(a) to wear the insignia for a grade to which a limitation on
total number applies under section 523(a) of this title for a
fiscal year may not exceed 1 percent of the total number
provided for the officers in that grade in that armed force in
the administration of the limitation under that section for
that fiscal year.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``777. Wearing of insignia of higher grade before promotion (frocking):
authority; restrictions.''.
(b) Temporary Variation of Limitations on Numbers of
Frocked Officers.--In the administration of section 777(d)(2)
of title 10, United States Code (as added by subsection (a)),
the percent limitation applied under that section for fiscal
year 1996 shall be 2 percent (instead of 1 percent).
(c) Report.--Not later than September 1, 1996, the
Secretary of Defense shall submit to Congress a report
providing the assessment of the Secretary on the practice,
known as ``frocking'', of authorizing an officer who has been
selected for promotion to the next higher grade to wear the
insignia for that next higher grade. The report shall include
the Secretary's assessment of the appropriate number, if any,
of colonels and Navy captains to be eligible under section
777(d)(1) of title 10, United States Code (as added by
subsection (a)), to wear the insignia for the grade of
brigadier general or rear admiral (lower half).
SEC. 504. AUTHORITY TO EXTEND TRANSITION PERIOD FOR OFFICERS SELECTED
FOR EARLY RETIREMENT.
(a) Selective Retirement of Warrant Officers.--Section 581
of title 10, United States Code, is amended by adding at the
end the following new subsection:
``(e) The Secretary concerned may defer for not more than
90 days the retirement of an officer otherwise approved for
early retirement under this section in order to prevent a
personal hardship to the officer or for other humanitarian
reasons. Any such deferral shall be made on a case-by-case
basis considering the circumstances of the case of the
particular officer concerned. The authority of the Secretary to
grant such a deferral may not be delegated.''.
(b) Selective Early Retirement of Active-Duty Officers.--
Section 638(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) The Secretary concerned may defer for not more than
90 days the retirement of an officer otherwise approved for
early retirement under this section or section 638a of this
title in order to prevent a personal hardship to the officer or
for other humanitarian reasons. Any such deferral shall be made
on a case-by-case basis considering the circumstances of the
case of the particular officer concerned. The authority of the
Secretary to grant such a deferral may not be delegated.''.
SEC. 505. ARMY OFFICER MANNING LEVELS.
(a) In General.--(1) Chapter 331 of title 10, United States
Code, is amended by inserting after the table of sections the
following new section:
``Sec. 3201. Officers on active duty: minimum strength based on
requirements
``(a) The Secretary of the Army shall ensure that
(beginning with fiscal year 1999) the strength at the end of
each fiscal year of officers on active duty is sufficient to
enable the Army to meet at least that percentage of the
programmed manpower structure for officers for the active
component of the Army that is provided for in the most recent
Defense Planning Guidance issued by the Secretary of Defense.
``(b) The number of officers on active duty shall be
counted for purposes of this section in the same manner as
applies under section 115(a)(1) of this title.
``(c) In this section:
``(1) The term `programmed manpower structure'
means the aggregation of billets describing the full
manpower requirements for units and organizations in
the programmed force structure.
``(2) The term `programmed force structure' means
the set of units and organizations that exist in the
current year and that is planned to exist in each
future year under the then-current Future-Years Defense
Program.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after ``Sec.'' the following new item:
``3201. Officers on active duty: minimum strength based on
requirements.''.
(b) Assistance in Accomplishing Requirement.--The Secretary
of Defense shall provide to the Army sufficient personnel and
financial resources to enable the Army to meet the requirement
specified in section 3201 of title 10, United States Code, as
added by subsection (a).
SEC. 506. AUTHORITY FOR MEDICAL DEPARTMENT OFFICERS OTHER THAN
PHYSICIANS TO BE APPOINTED AS SURGEON GENERAL.
(a) Surgeon General of the Army.--The third sentence of
section 3036(b) of title 10, United States Code, is amended by
inserting after ``The Surgeon General'' the following: ``may be
appointed from officers in any corps of the Army Medical
Department and''.
(b) Surgeon General of the Navy.--Section 5137 of such
title is amended--
(1) in the first sentence of subsection (a), by
striking out ``in the Medical Corps'' and inserting in
lieu thereof ``in any corps of the Navy Medical
Department''; and
(2) in subsection (b), by striking out ``in the
Medical Corps'' and inserting in lieu thereof ``who is
qualified to be the Chief of the Bureau of Medicine and
Surgery''.
(c) Surgeon General of the Air Force.--The first sentence
of section 8036 of such title is amended by striking out
``designated as medical officers under section 8067(a) of this
title'' and inserting in lieu thereof ``in the Air Force
medical department''.
SEC. 507. DEPUTY JUDGE ADVOCATE GENERAL OF THE AIR FORCE.
(a) Tenure and Grade of Deputy Judge Advocate General.--
Section 8037(d)(1) of such title is amended--
(1) in the second sentence, by striking out ``two
years'' and inserting in lieu thereof ``four years'';
and
(2) by striking out the last sentence and inserting
in lieu thereof the following: ``An officer appointed
as Deputy Judge Advocate General who holds a lower
regular grade shall be appointed in the regular grade
of major general.''.
(b) Effective Date.--The amendments made by subsection (a)
apply to any appointment to the position of Deputy Judge
Advocate General of the Air Force that is made after the date
of the enactment of this Act.
SEC. 508. AUTHORITY FOR TEMPORARY PROMOTIONS FOR CERTAIN NAVY
LIEUTENANTS WITH CRITICAL SKILLS.
(a) Extension of Authority.--Subsection (f) of section 5721
of title 10, United States Code, is amended by striking out
``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
(b) Limitation.--Such section is further amended--
(1) by redesignating subsection (f), as amended by
subsection (a), as subsection (g); and
(2) by inserting after subsection (e) the following
new subsection (f):
``(f) Limitation on Number of Eligible Positions.--(1) An
appointment under this section may only be made for service in
a position designated by the Secretary of the Navy for purposes
of this section. The number of positions so designated may not
exceed 325.
``(2) Whenever the Secretary makes a change to the
positions designated under paragraph (1), the Secretary shall
submit notice of the change in writing to Congress.''.
(c) Report.--Not later than April 1, 1996, the Secretary of
Defense shall submit to Congress a report providing the
Secretary's assessment of that continuing need for the
promotion authority under section 5721 of title 10, United
States Code. The Secretary shall include in the report the
following:
(1) The nature and grade structure of the positions
for which such authority has been used.
(2) The cause or causes of the reported chronic
shortages of qualified personnel in the required grade
to fill the positions specified under paragraph (1).
(3) The reasons for the perceived inadequacy of the
officer promotion system (including ``below-the-zone''
selections) to provide sufficient officers in the
required grade to fill those positions.
(4) The extent to which a bonus program or some
other program would be a more appropriate means of
resolving the reported chronic shortages in engineering
positions.
(d) Clerical Amendments.--Section 5721 of title 10, United
States Code, is amended as follows:
(1) Subsection (a) is amended by inserting
``Promotion Authority for Certain Officer With Critical
Skills.--'' after ``(a)''.
(2) Subsection (b) is amended by inserting ``Status
of Officers Appointed.--'' after ``(b)''.
(3) Subsection (c) is amended by inserting ``Board
Recommendation Required.--'' after ``(c)''.
(4) Subsection (d) is amended by inserting
``Acceptance and Effective Date of Appointment.--''
after ``(d)''.
(5) Subsection (e) is amended by inserting
``Termination of Appointment.--'' after ``(e)''.
(6) Subsection (g), as redesignated by subsection
(b)(1), is amended by inserting ``Termination of
Appointment Authority.--'' after ``(g)''.
(e) Effective Date.--Subsection (f) of section 5721 of
title 10, United States Code, as added by subsection (b)(2),
shall take effect at the end of the 30-day period beginning on
the date of the enactment of this Act and shall apply to any
appointment under that section after the end of such period.
SEC. 509. RETIREMENT FOR YEARS OF SERVICE OF DIRECTORS OF ADMISSIONS OF
MILITARY AND AIR FORCE ACADEMIES.
(a) Military Academy.--(1) Section 3920 of title 10, United
States Code, is amended to read as follows:
``Sec. 3920. More than thirty years: permanent professors and the
Director of Admissions of the United States
Military Academy
``(a) The Secretary of the Army may retire an officer
specified in subsection (b) who has more than 30 years of
service as a commissioned officer.
``(b) Subsection (a) applies in the case of the following
officers:
``(1) Any permanent professor of the United States
Military Academy.
``(2) The Director of Admissions of the United
States Military Academy.''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 367 of such title is
amended to read as follows:
``3920. More than thirty years: permanent professors and the Director of
Admissions of the United States Military Academy.''.
(b) Air Force Academy.--(1) Section 8920 of title 10,
United States Code, is amended to read as follows:
``Sec. 8920. More than thirty years: permanent professors and the
Director of Admissions of the United States Air
Force Academy
``(a) The Secretary of the Air Force may retire an officer
specified in subsection (b) who has more than 30 years of
service as a commissioned officer.
``(b) Subsection (a) applies in the case of the following
officers:
``(1) Any permanent professor of the United States
Air Force Academy.
``(2) The Director of Admissions of the United
States Air Force Academy.''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 867 of such title is
amended to read as follows:
``8920. More than thirty years: permanent professors and the Director of
Admissions of the United States Air Force Academy.''.
Subtitle B--Matters Relating to Reserve Components
SEC. 511. EXTENSION OF CERTAIN RESERVE OFFICER MANAGEMENT AUTHORITIES.
(a) Grade Determination Authority for Certain Reserve
Medical Officers.--Section 3359(b) and 8359(b) of title 10,
United States Code, are each amended by striking out
``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
(b) Promotion Authority for Certain Reserve Officers
Serving on Active Duty.--Sections 3380(d) and 8380(d) of title
10, United States Code, are each amended by striking out
``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
(c) Years of Service for Mandatory Transfer to the Retired
Reserve.--Section 1016(d) of the Department of Defense
Authorization Act, 1984 (10 U.S.C. 3360) is amended by striking
out ``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
SEC. 512. MOBILIZATION INCOME INSURANCE PROGRAM FOR MEMBERS OF READY
RESERVE.
(a) Establishment of Program.--(1) Subtitle E of title 10,
United States Code, is amended by inserting after chapter 1213
the following new chapter:
``CHAPTER 1214--READY RESERVE MOBILIZATION INCOME INSURANCE
``Sec.
``12521. Definitions.
``12522. Establishment of insurance program.
``12523. Risk insured.
``12524. Enrollment and election of benefits.
``12525. Benefit amounts.
``12526. Premiums.
``12527. Payment of premiums.
``12528. Reserve Mobilization Income Insurance Fund.
``12529. Board of Actuaries.
``12530. Payment of benefits.
``12531. Purchase of insurance.
``12532. Termination for nonpayment of premiums; forfeiture.
``Sec. 12521. Definitions
``In this chapter:
``(1) The term `insurance program' means the Ready
Reserve Mobilization Income Insurance Program
established under section 12522 of this title.
``(2) The term `covered service' means active duty
performed by a member of a reserve component under an
order to active duty for a period of more than 30 days
which specifies that the member's service--
``(A) is in support of an operational
mission for which members of the reserve
components have been ordered to active duty
without their consent; or
``(B) is in support of forces activated
during a period of war declared by Congress or
a period of national emergency declared by the
President or Congress.
``(3) The term `insured member' means a member of
the Ready Reserve who is enrolled for coverage under
the insurance program in accordance with section 12524
of this title.
``(4) The term `Secretary' means the Secretary of
Defense.
``(5) The term `Department' means the Department of
Defense.
``(6) The term `Board of Actuaries' means the
Department of Defense Education Benefits Board of
Actuaries referred to in section 2006(e)(1) of this
title.
``(7) The term `Fund' means the Reserve
Mobilization Income Insurance Fund established by
section 12528(a) of this title.
``Sec. 12522. Establishment of insurance program
``(a) Establishment.--The Secretary shall establish for
members of the Ready Reserve (including the Coast Guard
Reserve) an insurance program to be known as the `Ready Reserve
Mobilization Income Insurance Program'.
``(b) Administration.--The insurance program shall be
administered by the Secretary. The Secretary may prescribe in
regulations such rules, procedures, and policies as the
Secretary considers necessary or appropriate to carry out the
insurance program.
``(c) Agreement With Secretary of Transportation.--The
Secretary and the Secretary of Transportation shall enter into
an agreement with respect to the administration of the
insurance program for the Coast Guard Reserve.
``Sec. 12523. Risk insured
``(a) In General.--The insurance program shall insure
members of the Ready Reserve against the risk of being ordered
into covered service.
``(b) Entitlement to Benefits.--(1) An insured member
ordered into covered service shall be entitled to payment of a
benefit for each month (and fraction thereof) of covered
service that exceeds 30 days of covered service, except that no
member may be paid under the insurance program for more than 12
months of covered service served during any period of 18
consecutive months.
``(2) Payment shall be based solely on the insured status
of a member and on the period of covered service served by the
member. Proof of loss of income or of expenses incurred as a
result of covered service may not be required.
``Sec. 12524. Enrollment and election of benefits
``(a) Enrollment.--(1) Except as provided in subsection
(f), upon first becoming a member of the Ready Reserve, a
member shall be automatically enrolled for coverage under the
insurance program. An automatic enrollment of a member shall be
void if within 60 days after first becoming a member of the
Ready Reserve the member declines insurance under the program
in accordance with the regulations prescribed by the Secretary.
``(2) Promptly after the insurance program is established,
the Secretary shall offer to members of the reserve components
who are then members of the Ready Reserve (other than members
ineligible under subsection (f)) an opportunity to enroll for
coverage under the insurance program. A member who fails to
enroll within 60 days after being offered the opportunity shall
be considered as having declined to be insured under the
program.
``(3) A member of the Ready Reserve ineligible to enroll
under subsection (f) shall be afforded an opportunity to enroll
upon being released from active duty in accordance with
regulations prescribed by the Secretary if the member has not
previously had the opportunity to be enrolled under paragraph
(1) or (2). A member who fails to enroll within 60 days after
being afforded that opportunity shall be considered as having
declined to be insured under the program.
``(b) Election of Benefit Amount.--The amount of a member's
monthly benefit under an enrollment shall be the basic benefit
under subsection (a) of section 12525 of this title unless the
member elects a different benefit under subsection (b) of such
section within 60 days after first becoming a member of the
Ready Reserve or within 60 days after being offered the
opportunity to enroll, as the case may be.
``(c) Elections Irrevocable.--(1) An election to decline
insurance pursuant to paragraph (1) or (2) of subsection (a) is
irrevocable.
``(2) The amount of coverage may not be increased after
enrollment.
``(d) Election To Terminate.--A member may terminate an
enrollment at any time.
``(e) Information To Be Furnished.--The Secretary shall
ensure that members referred to in subsection (a) are given a
written explanation of the insurance program and are advised
that they have the right to decline to be insured and, if not
declined, to elect coverage for a reduced benefit or an
enhanced benefit under subsection (b).
``(f) Members Ineligible To Enroll.--Members of the Ready
Reserve serving on active duty (or full-time National Guard
duty) are not eligible to enroll for coverage under the
insurance program. The Secretary may define any additional
category of members of the Ready Reserve to be excluded from
eligibility to purchase insurance under this chapter.
``Sec. 12525. Benefit amounts
``(a) Basic Benefit.--The basic benefit for an insured
member under the insurance program is $1,000 per month (as
adjusted under subsection (d)).
``(b) Reduced and Enhanced Benefits.--Under the regulations
prescribed by the Secretary, a person enrolled for coverage
under the insurance program may elect--
``(1) a reduced coverage benefit equal to one-half
the amount of the basic benefit; or
``(2) an enhanced benefit in the amount of $1,500,
$2,000, $2,500, $3,000, $3,500, $4,000, $4,500, or
$5,000 per month (as adjusted under subsection (d)).
``(c) Amount for Partial Month.--The amount of insurance
payable to an insured member for any period of covered service
that is less than one month shall be determined by multiplying
\1/30\ of the monthly benefit rate for the member by the number
of days of the covered service served by the member during such
period.
``(d) Adjustment of Amounts.--(1) The Secretary shall
determine annually the effect of inflation on benefits and
shall adjust the amounts set forth in subsections (a) and
(b)(2) to maintain the constant dollar value of the benefit.
``(2) If the amount of a benefit as adjusted under
paragraph (1) is not evenly divisible by $10, the amount shall
be rounded to the nearest multiple of $10, except that an
amount evenly divisible by $5 but not by $10 shall be rounded
to the next lower amount that is evenly divisible by $10.
``Sec. 12526. Premiums
``(a) Establishment of Rates.--(1) The Secretary, in
consultation with the Board of Actuaries, shall prescribe the
premium rates for insurance under the insurance program.
``(2) The Secretary shall prescribe a fixed premium rate
for each $1,000 of monthly insurance benefit. The premium
amount shall be equal to the share of the cost attributable to
insuring the member and shall be the same for all members of
the Ready Reserve who are insured under the insurance program
for the same benefit amount. The Secretary shall prescribe the
rate on the basis of the best available estimate of risk and
financial exposure, levels of subscription by members, and
other relevant factors.
``(b) Level Premiums.--The premium rate prescribed for the
first year of insurance coverage of an insured member shall be
continued without change for subsequent years of insurance
coverage, except that the Secretary, after consultation with
the Board of Actuaries, may adjust the premium rate in order to
fund inflation-adjusted benefit increases on an actuarially
sound basis.
``Sec. 12527. Payment of premiums
``(a) Methods of Payment.--(1) The monthly premium for
coverage of a member under the insurance program shall be
deducted and withheld from the insured member's pay for each
month.
``(2) An insured member who does not receive pay on a
monthly basis shall pay the Secretary directly the premium
amount applicable for the level of benefits for which the
member is insured.
``(b) Advance Pay for Premium.--The Secretary concerned may
advance to an insured member the amount equal to the first
insurance premium payment due under this chapter. The advance
may be paid out of appropriations for military pay. An advance
to a member shall be collected from the member either by
deducting and withholding the amount from basic pay payable for
the member or by collecting it from the member directly. No
disbursing or certifying officer shall be responsible for any
loss resulting from an advance under this subsection.
``(c) Premiums To Be Deposited in Fund.--Premium amounts
deducted and withheld from the pay of insured members and
premium amounts paid directly to the Secretary shall be
credited monthly to the Fund.
``Sec. 12528. Reserve Mobilization Income Insurance Fund
``(a) Establishment.--There is established on the books of
the Treasury a fund to be known as the `Reserve Mobilization
Income Insurance Fund', which shall be administered by the
Secretary of the Treasury. The Fund shall be used for the
accumulation of funds in order to finance the liabilities of
the insurance program on an actuarially sound basis.
``(b) Assets of Fund.--There shall be deposited into the
Fund the following:
``(1) Premiums paid under section 12527 of this
title.
``(2) Any amount appropriated to the Fund.
``(3) Any return on investment of the assets of the
Fund.
``(c) Availability.--Amounts in the Fund shall be available
for paying insurance benefits under the insurance program.
``(d) Investment of Assets of Fund.--The Secretary of the
Treasury shall invest such portion of the Fund as is not in the
judgment of the Secretary of Defense required to meet current
liabilities. Such investments shall be in public debt
securities with maturities suitable to the needs of the Fund,
as determined by the Secretary of Defense, and bearing interest
at rates determined by the Secretary of the Treasury, taking
into consideration current market yields on outstanding
marketable obligations of the United States of comparable
maturities. The income on such investments shall be credited to
the Fund.
``(e) Annual Accounting.--At the beginning of each fiscal
year, the Secretary, in consultation with the Board of
Actuaries and the Secretary of the Treasury, shall determine
the following:
``(1) The projected amount of the premiums to be
collected, investment earnings to be received, and any
transfers or appropriations to be made for the Fund for
that fiscal year.
``(2) The amount for that fiscal year of any
cumulative unfunded liability (including any negative
amount or any gain to the Fund) resulting from payments
of benefits.
``(3) The amount for that fiscal year (including
any negative amount) of any cumulative actuarial gain
or loss to the Fund.
``Sec. 12529. Board of Actuaries
``(a) Actuarial Responsibility.--The Board of Actuaries
shall have the actuarial responsibility for the insurance
program.
``(b) Valuations and Premium Recommendations.--The Board of
Actuaries shall carry out periodic actuarial valuations of the
benefits under the insurance program and determine a premium
rate methodology for the Secretary to use in setting premium
rates for the insurance program. The Board shall conduct the
first valuation and determine a premium rate methodology not
later than six months after the insurance program is
established.
``(c) Effects of Changed Benefits.--If at the time of any
actuarial valuation under subsection (b) there has been a
change in benefits under the insurance program that has been
made since the last such valuation and such change in benefits
increases or decreases the present value of amounts payable
from the Fund, the Board of Actuaries shall determine a premium
rate methodology, and recommend to the Secretary a premium
schedule, for the liquidation of any liability (or actuarial
gain to the Fund) resulting from such change and any previous
such changes so that the present value of the sum of the
scheduled premium payments (or reduction in payments that would
otherwise be made) equals the cumulative increase (or decrease)
in the present value of such benefits.
``(d) Actuarial Gains or Losses.--If at the time of any
such valuation the Board of Actuaries determines that there has
been an actuarial gain or loss to the Fund as a result of
changes in actuarial assumptions since the last valuation or as
a result of any differences, between actual and expected
experience since the last valuation, the Board shall recommend
to the Secretary a premium rate schedule for the amortization
of the cumulative gain or loss to the Fund resulting from such
changes in assumptions and any previous such changes in
assumptions or from the differences in actual and expected
experience, respectively, through an increase or decrease in
the payments that would otherwise be made to the Fund.
``(e) Insufficient Assets.--If at any time liabilities of
the Fund exceed assets of the Fund as a result of members of
the Ready Reserve being ordered to active duty as described in
section 12521(2) of this title, and funds are unavailable to
pay benefits completely, the Secretary shall request the
President to submit to Congress a request for a special
appropriation to cover the unfunded liability. If
appropriations are not made to cover an unfunded liability in
any fiscal year, the Secretary shall reduce the amount of the
benefits paid under the insurance program to a total amount
that does not exceed the assets of the Fund expected to accrue
by the end of such fiscal year. Benefits that cannot be paid
because of such a reduction shall be deferred and may be paid
only after and to the extent that additional funds become
available.
``(f) Definition of Present Value.--The Board of Actuaries
shall define the term `present value' for purposes of this
subsection.
``Sec. 12530. Payment of benefits
``(a) Commencement of Payment.--An insured member who
serves in excess of 30 days of covered service shall be paid
the amount to which such member is entitled on a monthly basis
beginning not later than one month after the 30th day of
covered service.
``(b) Method of Payment.--The Secretary shall prescribe in
the regulations the manner in which payments shall be made to
the member or to a person designated in accordance with
subsection (c).
``(c) Designated Recipients.--(1) A member may designate in
writing another person (including a spouse, parent, or other
person with an insurable interest, as determined in accordance
with the regulations prescribed by the Secretary) to receive
payments of insurance benefits under the insurance program.
``(2) A member may direct that payments of insurance
benefits for a person designated under paragraph (1) be
deposited with a bank or other financial institution to the
credit of the designated person.
``(d) Recipients in Event of Death of Insured Member.--Any
insurance payable under the insurance program on account of a
deceased member's period of covered service shall be paid, upon
the establishment of a valid claim, to the beneficiary or
beneficiaries which the deceased member designated in writing.
If no such designation has been made, the amount shall be
payable in accordance with the laws of the State of the
member's domicile.
``Sec. 12531. Purchase of insurance
``(a) Purchase Authorized.--The Secretary may, instead of
or in addition to underwriting the insurance program through
the Fund, purchase from one or more insurance companies a
policy or policies of group insurance in order to provide the
benefits required under this chapter. The Secretary may waive
any requirement for full and open competition in order to
purchase an insurance policy under this subsection.
``(b) Eligible Insurers.--In order to be eligible to sell
insurance to the Secretary for purposes of subsection (a), an
insurance company shall--
``(1) be licensed to issue insurance in each of the
50 States and in the District of Columbia; and
``(2) as of the most recent December 31 for which
information is available to the Secretary, have in
effect at least one percent of the total amount of
insurance that all such insurance companies have in
effect in the United States.
``(c) Administrative Provisions.--(1) An insurance company
that issues a policy for purposes of subsection (a) shall
establish an administrative office at a place and under a name
designated by the Secretary.
``(2) For the purposes of carrying out this chapter, the
Secretary may use the facilities and services of any insurance
company issuing any policy for purposes of subsection (a), may
designate one such company as the representative of the other
companies for such purposes, and may contract to pay a
reasonable fee to the designated company for its services.
``(d) Reinsurance.--The Secretary shall arrange with each
insurance company issuing any policy for purposes of subsection
(a) to reinsure, under conditions approved by the Secretary,
portions of the total amount of the insurance under such policy
or policies with such other insurance companies (which meet
qualifying criteria prescribed by the Secretary) as may elect
to participate in such reinsurance.
``(e) Termination.--The Secretary may at any time terminate
any policy purchased under this section.
``Sec. 12532. Termination for nonpayment of premiums; forfeiture
``(a) Termination for Nonpayment.--The coverage of a member
under the insurance program shall terminate without prior
notice upon a failure of the member to make required monthly
payments of premiums for two consecutive months. The Secretary
may provide in the regulations for reinstatement of insurance
coverage terminated under this subsection.
``(b) Forfeiture.--Any person convicted of mutiny, treason,
spying, or desertion, or who refuses to perform service in the
armed forces or refuses to wear the uniform of any of the armed
forces shall forfeit all rights to insurance under this
chapter.''.
(2) The tables of chapters at the beginning of subtitle E,
and at the beginning of part II of subtitle E, of title 10,
United States Code, are amended by inserting after the item
relating to chapter 1213 the following new item:
``1214. Ready Reserve Mobilization Income Insurance.............12521''.
(b) Effective Date.--The insurance program provided for in
chapter 1214 of title 10, United States Code, as added by
subsection (a), and the requirement for deductions and
contributions for that program shall take effect on September
30, 1996, or on any earlier date declared by the Secretary and
published in the Federal Register.
SEC. 513. MILITARY TECHNICIAN FULL-TIME SUPPORT PROGRAM FOR ARMY AND
AIR FORCE RESERVE COMPONENTS.
(a) Requirement of Annual Authorization of End Strength.--
(1) Section 115 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g) Congress shall authorize for each fiscal year the end
strength for military technicians for each reserve component of
the Army and Air Force. Funds available to the Department of
Defense for any fiscal year may not be used for the pay of a
military technician during that fiscal year unless the
technician fills a position that is within the number of such
positions authorized by law for that fiscal year for the
reserve component of that technician. This subsection applies
without regard to section 129 of this title.''.
(2) The amendment made by paragraph (1) does not apply with
respect to fiscal year 1995.
(b) Authorization for Fiscal Years 1996 and 1997.--For each
of fiscal years 1996 and 1997, the minimum number of military
technicians, as of the last day of that fiscal year, for the
Army and the Air Force (notwithstanding section 129 of title
10, United States Code) shall be the following:
(1) Army National Guard, 25,500.
(2) Army Reserve, 6,630.
(3) Air National Guard, 22,906.
(4) Air Force Reserve, 9,802.
(c) Administration of Military Technician Program.--(1)
Chapter 1007 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 10216. Military technicians
``(a) Priority for Management of Military Technicians.--(1)
As a basis for making the annual request to Congress pursuant
to section 115 of this title for authorization of end strengths
for military technicians of the Army and Air Force reserve
components, the Secretary of Defense shall give priority to
supporting authorizations for dual status military technicians
in the following high-priority units and organizations:
``(A) Units of the Selected Reserve that are
scheduled to deploy no later than 90 days after
mobilization.
``(B) Units of the Selected Reserve that are or
will deploy to relieve active duty peacetime operations
tempo.
``(C) Those organizations with the primary mission
of providing direct support surface and aviation
maintenance for the reserve components of the Army and
Air Force, to the extent that the military technicians
in such units would mobilize and deploy in a skill that
is compatible with their civilian position skill.
``(2) For each fiscal year, the Secretary of Defense shall,
for the high-priority units and organizations referred to in
paragraph (1), seek to achieve a programmed manning level for
military technicians that is not less than 90 percent of the
programmed manpower structure for those units and organizations
for military technicians for that fiscal year.
``(3) Military technician authorizations and personnel in
high-priority units and organizations specified in paragraph
(1) shall be exempt from any requirement (imposed by law or
otherwise) for reductions in Department of Defense civilian
personnel and shall only be reduced as part of military force
structure reductions.
``(b) Dual-Status Requirement.--The Secretary of Defense
shall require the Secretary of the Army and the Secretary of
the Air Force to establish as a condition of employment for
each individual who is hired after the date of the enactment of
this section as a military technician that the individual
maintain membership in the Selected Reserve (so as to be a so-
called `dual-status' technician) and shall require that the
civilian and military position skill requirements of dual-
status military technicians be compatible. No Department of
Defense funds may be spent for compensation for any military
technician hired after the date of the enactment of this
section who is not a member of the Selected Reserve, except
that compensation may be paid for up to six months following
loss of membership in the Selected Reserve if such loss of
membership was not due to the failure to meet military
standards.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``10216. Military technicians.''.
(d) Review of Reserve Component Management Headquarters.--
(1) The Secretary of Defense shall, within six months after the
date of the enactment of this Act, undertake steps to reduce,
consolidate, and streamline management headquarters operations
of the reserve components. As part of those steps, the
Secretary shall identify those military technicians positions
in such headquarters operations that are excess to the
requirements of those headquarters.
(2) Of the military technicians positions that are
identified under paragraph (1), the Secretary shall reallocate
up to 95 percent of the annual funding required to support
those positions for the purpose of creating new positions or
filling existing positions in the high-priority units and
activities specified in section 10216(a) of title 10, United
States Code, as added by subsection (c).
(e) Annual Defense Manpower Requirements Report.--Section
115a of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(h) In each such report, the Secretary shall include a
separate report on the Army and Air Force military technician
programs. The report shall include a presentation, shown by
reserve component and shown both as of the end of the preceding
fiscal year and for the next fiscal year, of the following:
``(1) The number of military technicians required
to be employed (as specified in accordance with
Department of Defense procedures), the number
authorized to be employed under Department of Defense
personnel procedures, and the number actually employed.
``(2) Within each of the numbers under paragraph
(1)--
``(A) the number applicable to a reserve
component management headquarter organization;
and
``(B) the number applicable to high-
priority units and organizations (as specified
in section 10216(a) of this title).
``(3) Within each of the numbers under paragraph
(1), the numbers of military technicians who are not
themselves members of a reserve component (so-called
`single-status' technicians), with a further display of
such numbers as specified in paragraph (2).''.
SEC. 514. REVISIONS TO ARMY GUARD COMBAT REFORM INITIATIVE TO INCLUDE
ARMY RESERVE UNDER CERTAIN PROVISIONS AND MAKE
CERTAIN REVISIONS.
(a) Prior Active Duty Personnel.--Section 1111 of the Army
National Guard Combat Readiness Reform Act of 1992 (title XI of
Public Law 102-484) is amended--
(1) in the section heading, by striking out the
first three words;
(2) by striking out subsections (a) and (b) and
inserting in lieu thereof the following:
``(a) Additional Prior Active Duty Officers.--The Secretary
of the Army shall increase the number of qualified prior
active-duty officers in the Army National Guard by providing a
program that permits the separation of officers on active duty
with at least two, but less than three, years of active service
upon condition that the officer is accepted for appointment in
the Army National Guard. The Secretary shall have a goal of
having not fewer than 150 officers become members of the Army
National Guard each year under this section.
``(b) Additional Prior Active Duty Enlisted Members.--The
Secretary of the Army shall increase the number of qualified
prior active-duty enlisted members in the Army National Guard
through the use of enlistments as described in section 8020 of
the Department of Defense Appropriations Act, 1994 (Public Law
103-139). The Secretary shall enlist not fewer than 1,000 new
enlisted members each year under enlistments described in that
section.''; and
(3) by striking out subsections (d) and (e).
(b) Service in the Selected Reserve in Lieu of Active Duty
Service for ROTC Graduates.--Section 1112(b) of such Act (106
Stat. 2537) is amended by striking out ``National Guard''
before the period at the end and inserting in lieu thereof
``Selected Reserve''.
(c) Review of Officer Promotions.--Section 1113 of such Act
(106 Stat. 2537) is amended--
(1) in subsection (a), by striking out ``National
Guard'' both places it appears and inserting in lieu
thereof ``Selected Reserve''; and
(2) by striking out subsection (b) and inserting in
lieu thereof the following:
``(b) Coverage of Selected Reserve Combat and Early
Deploying Units.--(1) Subsection (a) applies to officers in all
units of the Selected Reserve that are designated as combat
units or that are designated for deployment within 75 days of
mobilization.
``(2) Subsection (a) shall take effect with respect to
officers of the Army Reserve, and with respect to officers of
the Army National Guard in units not subject to subsection (a)
as of the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1996, at the end of the 90-
day period beginning on such date of enactment.''.
(d) Initial Entry Training and Nondeployable Personnel.--
Section 1115 of such Act (106 Stat. 2538) is amended--
(1) in subsections (a) and (b), by striking out
``National Guard'' each place it appears and inserting
in lieu thereof ``Selected Reserve''; and
(2) in subsection (c)--
(A) by striking out ``a member of the Army
National Guard enters the National Guard'' and
inserting in lieu thereof ``a member of the
Army Selected Reserve enters the Army Selected
Reserve''; and
(B) by striking out ``from the Army
National Guard''.
(e) Accounting of Members Who Fail Physical Deployability
Standards.--Section 1116 of such Act (106 Stat. 2539) is
amended by striking out ``National Guard'' each place it
appears and inserting in lieu thereof ``Selected Reserve''.
(f) Use of Combat Simulators.--Section 1120 of such Act
(106 Stat. 2539) is amended by inserting ``and the Army
Reserve'' before the period at the end.
SEC. 515. ACTIVE DUTY ASSOCIATE UNIT RESPONSIBILITY.
(a) Associate Units.--Subsection (a) of section 1131 of the
National Defense Authorization Act for Fiscal Year 1993 (Public
Law 102-484; 106 Stat. 2540) is amended to read as follows:
``(a) Associate Units.--The Secretary of the Army shall
require--
``(1) that each ground combat maneuver brigade of
the Army National Guard that (as determined by the
Secretary) is essential for the execution of the
National Military Strategy be associated with an
active-duty combat unit; and
``(2) that combat support and combat service
support units of the Army Selected Reserve that (as
determined by the Secretary) are essential for the
execution of the National Military Strategy be
associated with active-duty units.''.
(b) Responsibilities.--Subsection (b) of such section is
amended--
(1) by striking out ``National Guard combat unit''
in the matter preceding paragraph (1) and inserting in
lieu thereof ``National Guard unit or Army Selected
Reserve unit that (as determined by the Secretary under
subsection (a)) is essential for the execution of the
National Military Strategy''; and
(2) by striking out ``of the National Guard unit''
in paragraphs (1), (2), (3), and (4) and inserting in
lieu thereof ``of that unit''.
SEC. 516. LEAVE FOR MEMBERS OF RESERVE COMPONENTS PERFORMING PUBLIC
SAFETY DUTY.
(a) Election of Leave To Be Charged.--Subsection (b) of
section 6323 of title 5, United States Code, is amended by
adding at the end the following: ``Upon the request of an
employee, the period for which an employee is absent to perform
service described in paragraph (2) may be charged to the
employee's accrued annual leave or to compensatory time
available to the employee instead of being charged as leave to
which the employee is entitled under this subsection. The
period of absence may not be charged to sick leave.''.
(b) Pay for Period of Absence.--Section 5519 of such title
is amended by striking out ``entitled to leave'' and inserting
in lieu thereof ``granted military leave''.
SEC. 517. DEPARTMENT OF DEFENSE FUNDING FOR NATIONAL GUARD
PARTICIPATION IN JOINT DISASTER AND EMERGENCY
ASSISTANCE EXERCISES.
Section 503(a) of title 32, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2) Paragraph (1) includes authority to provide for
participation of the National Guard in conjunction with the
Army or the Air Force, or both, in joint exercises for
instruction to prepare the National Guard for response to civil
emergencies and disasters.''.
Subtitle C--Decorations and Awards
SEC. 521. AWARD OF PURPLE HEART TO PERSONS WOUNDED WHILE HELD AS
PRISONERS OF WAR BEFORE APRIL 25, 1962.
(a) Award of Purple Heart.--For purposes of the award of
the Purple Heart, the Secretary concerned (as defined in
section 101 of title 10, United States Code) shall treat a
former prisoner of war who was wounded before April 25, 1962,
while held as a prisoner of war (or while being taken captive)
in the same manner as a former prisoner of war who is wounded
on or after that date while held as a prisoner of war (or while
being taken captive).
(b) Standards for Award.--An award of the Purple Heart
under subsection (a) shall be made in accordance with the
standards in effect on the date of the enactment of this Act
for the award of the Purple Heart to persons wounded on or
after April 25, 1962.
(c) Eligible Former Prisoners of War.--A person shall be
considered to be a former prisoner of war for purposes of this
section if the person is eligible for the prisoner-of-war medal
under section 1128 of title 10, United States Code.
SEC. 522. AUTHORITY TO AWARD DECORATIONS RECOGNIZING ACTS OF VALOR
PERFORMED IN COMBAT DURING THE VIETNAM CONFLICT.
(a) Findings.--Congress makes the following findings:
(1) The Ia Drang Valley (Pleiku) campaign, carried
out by the Armed Forces in the Ia Drang Valley of
Vietnam from October 23, 1965, to November 26, 1965, is
illustrative of the many battles during the Vietnam
conflict which pitted forces of the United States
against North Vietnamese Army regulars and Viet Cong in
vicious fighting.
(2) Accounts of those battles that have been
published since the end of that conflict
authoritatively document numerous and repeated acts of
extraordinary heroism, sacrifice, and bravery on the
part of members of the Armed Forces, many of which have
never been officially recognized.
(3) In some of those battles, United States
military units suffered substantial losses, with some
units sustaining casualties in excess of 50 percent.
(4) The incidence of heavy casualties throughout
the Vietnam conflict inhibited the timely collection of
comprehensive and detailed information to support
recommendations for awards recognizing acts of heroism,
sacrifice, and bravery.
(5) Subsequent requests to the Secretaries of the
military departments for review of award
recommendations for such acts have been denied because
of restrictions in law and regulations that require
timely filing of such recommendations and documented
justification.
(6) Acts of heroism, sacrifice, and bravery
performed in combat by members of the Armed Forces
deserve appropriate and timely recognition by the
people of the United States.
(7) It is appropriate to recognize acts of heroism,
sacrifice, or bravery that are belatedly, but properly,
documented by persons who witnessed those acts.
(b) Waiver of Time Limitations for Recommendations for
Awards.--(1) Any decoration covered by paragraph (2) may be
awarded, without regard to any time limit imposed by law or
regulation for a recommendation for such award to any person
for actions by that person in the Southeast Asia theater of
operations while serving on active duty during the Vietnam era.
The waiver of time limitations under this paragraph applies
only in the case of awards for acts of valor for which a
request for consideration is submitted under subsection (c).
(2) Paragraph (1) applies to any decoration (including any
device in lieu of a decoration) that, during or after the
Vietnam era and before the date of the enactment of this Act,
was authorized by law or under regulations of the Department of
Defense or the military department concerned to be awarded to
members of the Armed Forces for acts of valor.
(c) Review of Requests for Consideration of Awards.--(1)
The Secretary of each military department shall review each
request for consideration of award of a decoration described in
subsection (b) that are received by the Secretary during the
one-year period beginning on the date of enactment of this Act.
(2) The Secretaries shall begin the review within 30 days
after the date of the enactment of this Act and shall complete
the review of each request for consideration not later than one
year after the date on which the request is received.
(3) The Secretary may use the same process for carrying out
the review as the Secretary uses for reviewing other
recommendations for award of decorations to members of the
Armed Forces under the Secretary's jurisdiction for valorous
acts.
(d) Report.--(1) Upon completing the review of each such
request under subsection (c), the Secretary shall submit a
report on the review to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives.
(2) The report shall include, with respect to each request
for consideration received, the following information:
(A) A summary of the request for consideration.
(B) The findings resulting from the review.
(C) The final action taken on the request for
consideration.
(e) Definition.--For purposes of this section:
(1) The term ``Vietnam era'' has the meaning given
that term in section 101 of title 38, United States
Code.
(2) The term ``active duty'' has the meaning given
that term in section 101 of title 10, United States
Code.
SEC. 523. MILITARY INTELLIGENCE PERSONNEL PREVENTED BY SECRECY FROM
BEING CONSIDERED FOR DECORATIONS AND AWARDS.
(a) Waiver on Restrictions of Awards.--(1) Any decoration
covered by paragraph (2) may be awarded, without regard to any
time limit imposed by law or regulation for a recommendation
for such award, to any person for an act, achievement, or
service that the person performed in carrying out military
intelligence duties during the period beginning on January 1,
1940, and ending on December 31, 1990.
(2) Paragraph (1) applies to any decoration (including any
device in lieu of a decoration) that, during or after the
period described in paragraph (1) and before the date of the
enactment of this Act, was authorized by law or under the
regulations of the Department of Defense or the military
department concerned to be awarded to a person for an act,
achievement, or service performed by that person while serving
on active duty.
(b) Review of Requests for Consideration of Awards.--(1)
The Secretary of each military department shall review each
request for consideration of award of a decoration described in
subsection (a) that is received by the Secretary during the
one-year period beginning on the date of the enactment of this
Act.
(2) The Secretaries shall begin the review within 30 days
after the date of the enactment of this Act and shall complete
the review of each request for consideration not later than one
year after the date on which the request is received.
(3) The Secretary may use the same process for carrying out
the review as the Secretary uses for reviewing other
recommendations for awarding decorations to members of the
Armed Forces under the Secretary's jurisdiction for acts,
achievements, or service.
(c) Report.--(1) Upon completing the review of each such
request under subsection (b), the Secretary shall submit a
report on the review to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives.
(2) The report shall include, with respect to each request
for consideration reviewed, the following information:
(A) A summary of the request for consideration.
(B) The findings resulting from the review.
(C) The final action taken on the request for
consideration.
(D) Administrative or legislative recommendations
to improve award procedures with respect to military
intelligence personnel.
(d) Definition.--For purposes of this section, the term
``active duty'' has the meaning given such term in section 101
of title 10, United States Code.
SEC. 524. REVIEW REGARDING UPGRADING OF DISTINGUISHED-SERVICE CROSSES
AND NAVY CROSSES AWARDED TO ASIAN-AMERICANS AND
NATIVE AMERICAN PACIFIC ISLANDERS FOR WORLD WAR II
SERVICE.
(a) Review Required.--(1) The Secretary of the Army shall
review the records relating to each award of the Distinguished-
Service Cross, and the Secretary of the Navy shall review the
records relating to each award of the Navy Cross, that was
awarded to an Asian-American or a Native American Pacific
Islander with respect to service as a member of the Armed
Forces during World War II. The purpose of the review shall be
to determine whether any such award should be upgraded to the
medal of honor.
(2) If the Secretary concerned determines, based upon the
review under paragraph (1), that such an upgrade is appropriate
in the case of any person, the Secretary shall submit to the
President a recommendation that the President award the medal
of honor to that person.
(b) Waiver of Time Limitations.--A medal of honor may be
awarded to a person referred to in subsection (a) in accordance
with a recommendation of the Secretary concerned under that
subsection without regard to--
(1) section 3744, 6248, or 8744 of title 10, United
States Code, as applicable; and
(2) any regulation or other administrative
restriction on--
(A) the time for awarding the medal of
honor; or
(B) the awarding of the medal of honor for
service for which a Distinguished-Service Cross
or Navy Cross has been awarded.
(c) Definition.--For purposes of this section, the term
``Native American Pacific Islander'' means a Native Hawaiian
and any other Native American Pacific Islander within the
meaning of the Native American Programs Act of 1974 (42 U.S.C.
2991 et seq.).
SEC. 525. ELIGIBILITY FOR ARMED FORCES EXPEDITIONARY MEDAL BASED UPON
SERVICE IN EL SALVADOR.
(a) In General.--For the purpose of determining eligibility
of members and former members of the Armed Forces for the Armed
Forces Expeditionary Medal, the country of El Salvador during
the period beginning on January 1, 1981 and ending on February
1, 1992, shall be treated as having been designated as an area
and a period of time in which members of the Armed Forces
participated in operations in significant numbers and otherwise
met the general requirements for the award of that medal.
(b) Individual Determination.--The Secretary of the
military department concerned shall determine whether
individual members or former members of the Armed Forces who
served in El Salvador during the period beginning on January 1,
1981 and ending on February 1, 1992 meet the individual service
requirements for award of the Armed Forces Expeditionary Medal
as established in applicable regulations. Such determinations
shall be made as expeditiously as possible after the date of
the enactment of this Act.
SEC. 526. PROCEDURE FOR CONSIDERATION OF MILITARY DECORATIONS NOT
PREVIOUSLY SUBMITTED IN TIMELY FASHION.
(a) In General.--Chapter 57 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1130. Consideration of proposals for decorations not previously
submitted in timely fashion: procedures for review
and recommendation
``(a) Upon request of a Member of Congress, the Secretary
concerned shall review a proposal for the award or presentation
of a decoration (or the upgrading of a decoration), either for
an individual or a unit, that is not otherwise authorized to be
presented or awarded due to limitations established by law or
policy for timely submission of a recommendation for such award
or presentation. Based upon such review, the Secretary shall
make a determination as to the merits of approving the award or
presentation of the decoration and the other determinations
necessary to comply with subsection (b).
``(b) Upon making a determination under subsection (a) as
to the merits of approving the award or presentation of the
decoration, the Secretary concerned shall submit to the
Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives and to the
requesting member of Congress notice in writing of one of the
following:
``(1) The award or presentation of the decoration
does not warrant approval on the merits.
``(2) The award or presentation of the decoration
warrants approval and a waiver by law of time
restrictions prescribed by law is recommended.
``(3) The award or presentation of the decoration
warrants approval on the merits and has been approved
as an exception to policy.
``(4) The award or presentation of the decoration
warrants approval on the merits, but a waiver of the
time restrictions prescribed by law or policy is not
recommended.
A notice under paragraph (1) or (4) shall be accompanied by a
statement of the reasons for the decison of the Secretary.
``(c) Determinations under this section regarding the award
or presentation of a decoration shall be made in accordance
with the same procedures that apply to the approval or
disapproval of the award or presentation of a decoration when a
recommendation for such award or presentation is submitted in a
timely manner as prescribed by law or regulation.
``(d) In this section:
``(1) The term `Member of Congress' means--
``(A) a Senator; or
``(B) a Representative in, or a Delegate or
Resident Commissioner to, Congress.
``(2) The term `decoration' means any decoration or
award that may be presented or awarded to a member or
unit of the armed forces.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1130. Consideration of proposals for decorations not previously
submitted in timely fashion: procedures for review and
recommendation.''.
Subtitle D--Officer Education Programs
PART I--SERVICE ACADEMIES
SEC. 531. REVISION OF SERVICE OBLIGATION FOR GRADUATES OF THE SERVICE
ACADEMIES.
(a) Military Academy.--Section 4348(a)(2)(B) of title 10,
United States Code, is amended by striking out ``six years''
and inserting in lieu thereof ``five years''.
(b) Naval Academy.--Section 6959(a)(2)(B) of such title is
amended by striking out ``six years'' and inserting in lieu
thereof ``five years''.
(c) Air Force Academy.--Section 9348(a)(2)(B) of such title
is amended by striking out ``six years'' and inserting in lieu
thereof ``five years''.
(d) Requirement for Review and Report.--(1) The Secretary
of Defense shall review the effects that each of various
periods of obligated active duty service for graduates of the
United States Military Academy, the United States Naval
Academy, and the United States Air Force Academy would have on
the number and quality of the eligible and qualified applicants
seeking appointment to such academies.
(2) Not later than April 1, 1996, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
a report on the Secretary's findings under the review, together
with any recommended legislation regarding the minimum periods
of obligated active duty service for graduates of the United
States Military Academy, the United States Naval Academy, and
the United States Air Force Academy.
(e) Applicability.--The amendments made by this section
apply to persons first admitted to the United States Military
Academy, United States Naval Academy, and United States Air
Force Academy after December 31, 1991.
SEC. 532. NOMINATIONS TO SERVICE ACADEMIES FROM COMMONWEALTH OF THE
NORTHERN MARIANAS ISLANDS.
(a) Military Academy.--Section 4342(a) of title 10, United
States Code, is amended by inserting after paragraph (9) the
following new paragraph:
``(10) One cadet from the Commonwealth of the
Northern Marianas Islands, nominated by the resident
representative from the commonwealth.''.
(b) Naval Academy.--Section 6954(a) of title 10, United
States Code, is amended by inserting after paragraph (9) the
following new paragraph:
``(10) One from the Commonwealth of the Northern
Marianas Islands, nominated by the resident
representative from the commonwealth.''.
(c) Air Force Academy.--Section 9342(a) of title 10, United
States Code, is amended by inserting after paragraph (9) the
following new paragraph:
``(10) One cadet from the Commonwealth of the
Northern Marianas Islands, nominated by the resident
representative from the commonwealth.''.
SEC. 533. REPEAL OF REQUIREMENT FOR ATHLETIC DIRECTOR AND
NONAPPROPRIATED FUND ACCOUNT FOR THE ATHLETICS
PROGRAMS AT THE SERVICE ACADEMIES.
(a) United States Military Academy.--(1) Section 4357 of
title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 403
of such title is amended by striking out the item relating to
section 4357.
(b) United States Naval Academy.--Section 556 of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 108 Stat. 2774) is amended by striking out
subsections (b) and (e).
(c) United States Air Force Academy.--(1) Section 9356 of
title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 903
of such title is amended by striking out the item relating to
section 9356.
SEC. 534. REPEAL OF REQUIREMENT FOR PROGRAM TO TEST PRIVATIZATION OF
SERVICE ACADEMY PREPARATORY SCHOOLS.
Section 536 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 4331 note) is
repealed.
PART II--RESERVE OFFICER TRAINING CORPS
SEC. 541. ROTC ACCESS TO CAMPUSES.
(a) In General.--Chapter 49 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 983. Institutions of higher education that prohibit Senior ROTC
units: denial of Department of Defense grants and
contracts
``(a) Denial of Department of Defense Grants and
Contracts.--(1) No funds appropriated or otherwise available to
the Department of Defense may be made obligated by contract or
by grant (including a grant of funds to be available for
student aid) to any institution of higher education that, as
determined by the Secretary of Defense, has an anti-ROTC policy
and at which, as determined by the Secretary, the Secretary
would otherwise maintain or seek to establish a unit of the
Senior Reserve Officer Training Corps or at which the Secretary
would otherwise enroll or seek to enroll students for
participation in a unit of the Senior Reserve Officer Training
Corps at another nearby institution of higher education.
``(2) In the case of an institution of higher education
that is ineligible for Department of Defense grants and
contracts by reason of paragraph (1), the prohibition under
that paragraph shall cease to apply to that institution upon a
determination by the Secretary that the institution no longer
has an anti-ROTC policy.
``(b) Notice of Determination.--Whenever the Secretary
makes a determination under subsection (a) that an institution
has an anti-ROTC policy, or that an institution previously
determined to have an anti-ROTC policy no longer has such a
policy, the Secretary--
``(1) shall transmit notice of that determination
to the Secretary of Education and to the Committee on
Armed Services of the Senate and the Committee on
National Security of the House of Representatives; and
``(2) shall publish in the Federal Register notice
of that determination and of the effect of that
determination under subsection (a)(1) on the
eligibility of that institution for Department of
Defense grants and contracts.
``(c) Semiannual Notice in Federal Register.--The Secretary
shall publish in the Federal Register once every six months a
list of each institution of higher education that is currently
ineligible for Department of Defense grants and contracts by
reason of a determination of the Secretary under subsection
(a).
``(d) Anti-ROTC Policy.--In this section, the term `anti-
ROTC policy' means a policy or practice of an institution of
higher education that--
``(1) prohibits, or in effect prevents, the
Secretary of Defense from maintaining or establishing a
unit of the Senior Reserve Officer Training Corps at
that institution, or
``(2) prohibits, or in effect prevents, a student
at that institution from enrolling in a unit of the
Senior Reserve Officer Training Corps at another
institution of higher education.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``983. Institutions of higher education that prohibit Senior ROTC units:
denial of Department of Defense grants and contracts.''.
SEC. 542. ROTC SCHOLARSHIPS FOR THE NATIONAL GUARD.
(a) Clarification of Restriction on Active Duty.--Paragraph
(2) of section 2107(h) of title 10, United States Code, is
amended by inserting ``full-time'' before ``active duty'' in
the second sentence.
(b) Redesignation of ROTC Scholarships.--Such paragraph is
further amended by inserting after the first sentence the
following new sentence: ``A cadet designated under this
paragraph who, having initially contracted for service as
provided in subsection (b)(5)(A) and having received financial
assistance for two years under an award providing for four
years of financial assistance under this section, modifies such
contract with the consent of the Secretary of the Army to
provide for service as described in subsection (b)(5)(B), may
be counted, for the year in which the contract is modified,
toward the number of appointments required under the preceding
sentence for financial assistance awarded for a period of four
years.''.
SEC. 543. DELAY IN REORGANIZATION OF ARMY ROTC REGIONAL HEADQUARTERS
STRUCTURE.
(a) Delay.--The Secretary of the Army may not take any
action to reorganize the regional headquarters and basic camp
structure of the Reserve Officers Training Corps program of the
Army until six months after the date on which the report
required by subsection (d) is submitted.
(b) Cost-Benefit Analysis.--The Secretary of the Army shall
conduct a comparative cost-benefit analysis of various options
for the reorganization of the regional headquarters and basic
camp structure of the Army ROTC program. As part of such
analysis, the Secretary shall measure each reorganization
option considered against a common set of criteria.
(c) Selection of Reorganization Option for
Implementation.--Based on the findings resulting from the cost-
benefit analysis under subsection (b) and such other factors as
the Secretary considers appropriate, the Secretary shall select
one reorganization option for implementation. The Secretary may
select an option for implementation only if the Secretary finds
that the cost-benefit analysis and other factors considered
clearly demonstrate that such option, better than any other
option considered--
(1) provides the structure to meet projected
mission requirements;
(2) achieves the most significant personnel and
cost savings;
(3) uses existing basic and advanced camp
facilities to the maximum extent possible;
(4) minimizes additional military construction
costs; and
(5) makes maximum use of the reserve components to
support basic and advanced camp operations, thereby
minimizing the effect of those operations on active
duty units.
(d) Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Army shall submit
to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
a report describing the reorganization option selected under
subsection (c). The report shall include the results of the
cost-benefit analysis under subsection (b) and a detailed
rationale for the reorganization option selected.
SEC. 544. DURATION OF FIELD TRAINING OR PRACTICE CRUISE REQUIRED UNDER
THE SENIOR RESERVE OFFICERS' TRAINING CORPS
PROGRAM.
Section 2104(b)(6)(A)(ii) of title 10, United States Code,
is amended by striking out ``not less than six weeks'
duration'' and inserting in lieu thereof ``a duration''.
SEC. 545. ACTIVE DUTY OFFICERS DETAILED TO ROTC DUTY AT SENIOR MILITARY
COLLEGES TO SERVE AS COMMANDANT AND ASSISTANT
COMMANDANT OF CADETS AND AS TACTICAL OFFICERS.
(a) In General.--Chapter 103 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2111a. Detail of officers to senior military colleges
``(a) Detail of Officers To Serve as Commandant or
Assistant Commandant of Cadets.--(1) Upon the request of a
senior military college, the Secretary of Defense may detail an
officer on the active-duty list to serve as Commandant of
Cadets at that college or (in the case of a college with an
Assistant Commandant of Cadets) detail an officer on the
active-duty list to serve as Assistant Commandant of Cadets at
that college (but not both).
``(2) In the case of an officer detailed as Commandant of
Cadets, the officer may, upon the request of the college, be
assigned from among the Professor of Military Science, the
Professor of Naval Science (if any), and the Professor of
Aerospace Science (if any) at that college or may be in
addition to any other officer detailed to that college in
support of the program.
``(3) In the case of an officer detailed as Assistant
Commandant of Cadets, the officer may, upon the request of the
college, be assigned from among officers otherwise detailed to
duty at that college in support of the program or may be in
addition to any other officer detailed to that college in
support of the program.
``(b) Designation of Officers as Tactical Officers.--Upon
the request of a senior military college, the Secretary of
Defense may authorize officers (other than officers covered by
subsection (a)) who are detailed to duty as instructors at that
college to act simultaneously as tactical officers (with or
without compensation) for the Corps of Cadets at that college.
``(c) Detail of Officers.--The Secretary of a military
department shall designate officers for detail to the program
at a senior military college in accordance with criteria
provided by the college. An officer may not be detailed to a
senior military college without the approval of that college.
``(d) Senior Military Colleges.--The senior military
colleges are the following:
``(1) Texas A&M University.
``(2) Norwich College.
``(3) The Virginia Military Institute.
``(4) The Citadel.
``(5) Virginia Polytechnic Institute and State
University.
``(6) North Georgia College.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2111a. Detail of officers to senior military colleges.''.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
SEC. 551. REPORT CONCERNING APPROPRIATE FORUM FOR JUDICIAL REVIEW OF
DEPARTMENT OF DEFENSE PERSONNEL ACTIONS.
(a) Establishment.--The Secretary of Defense shall
establish an advisory committee to consider issues relating to
the appropriate forum for judicial review of Department of
Defense administrative personnel actions.
(b) Membership.--(1) The committee shall be composed of
five members, who shall be appointed by the Secretary of
Defense after consultation with the Attorney General and the
Chief Justice of the United States.
(2) All members of the committee shall be appointed not
later than 30 days after the date of the enactment of this Act.
(c) Duties.--The committee shall review, and provide
findings and recommendations regarding, the following matters
with respect to judicial review of administrative personnel
actions of the Department of Defense:
(1) Whether the existing forum for such review
through the United States district courts provides
appropriate and adequate review of such actions.
(2) Whether jurisdiction to conduct judicial review
of such actions should be established in a single court
in order to provide a centralized review of such
actions and, if so, in which court that jurisdiction
should be vested.
(d) Report.--(1) Not later than December 15, 1996, the
committee shall submit to the Secretary of Defense a report
setting forth its findings and recommendations, including its
recommendations pursuant to subsection (c).
(2) Not later than January 1, 1997, the Secretary of
Defense, after consultation with the Attorney General, shall
transmit the committee's report to Congress. The Secretary may
include in the transmittal any comments on the report that the
Secretary or the Attorney General consider appropriate.
(e) Termination of Committee.--The committee shall
terminate 30 days after the date of the submission of its
report to Congress under subsection (d)(2).
SEC. 552. COMPTROLLER GENERAL REVIEW OF PROPOSED ARMY END STRENGTH
ALLOCATIONS.
(a) In General.--During fiscal years 1996 through 2001, the
Comptroller General of the United States shall analyze the
plans of the Secretary of the Army for the allocation of
assigned active component end strengths for the Army through
the requirements process known as Total Army Analysis 2003 and
through any subsequent similar requirements process of the Army
that is conducted before 2002. The Comptroller General's
analysis shall consider whether the proposed active component
end strengths and planned allocation of forces for that period
will be sufficient to implement the national military strategy.
In monitoring those plans, the Comptroller General shall
determine the extent to which the Army will be able during that
period--
(1) to man fully the combat force based on the
projected active component Army end strength for each
of fiscal years 1996 through 2001;
(2) to meet the support requirements for the force
and strategy specified in the report of the Bottom-Up
Review, including requirements for operations other
than war; and
(3) to streamline further Army infrastructure in
order to eliminate duplication and inefficiencies and
replace active duty personnel in overhead positions,
whenever practicable, with civilian or reserve
personnel.
(b) Access to Documents, Etc.--The Secretary of the Army
shall ensure that the Comptroller General is provided access,
on a timely basis and in accordance with the needs of the
Comptroller General, to all analyses, models, memoranda,
reports, and other documents prepared or used in connection
with the requirements process of the Army known as Total Army
Analysis 2003 and any subsequent similar requirements process
of the Army that is conducted before 2002.
(c) Annual Report.--Not later than March 1 of each year
through 2002, the Comptroller General shall submit to Congress
a report on the findings and conclusions of the Comptroller
General under this section.
SEC. 553. REPORT ON MANNING STATUS OF HIGHLY DEPLOYABLE SUPPORT UNITS.
(a) Report.--Not later than September 30, 1996, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report on the units of the
Armed Forces under the Secretary's jurisdiction--
(1) that (as determined by the Secretary of the
military department concerned) are high-priority
support units that would deploy early in a contingency
operation or other crisis; and
(2) that are, as a matter of policy, managed at
less than 100 percent of their authorized strengths.
(b) Matters To Be Included.--The Secretary shall include in
the report--
(1) the number of such high-priority support units
(shown by type of unit) that are so managed;
(2) the level of manning within such high-priority
support units; and
(3) with respect to each such unit, either the
justification for manning of less than 100 percent or
the status of corrective action.
SEC. 554. REVIEW OF SYSTEM FOR CORRECTION OF MILITARY RECORDS.
(a) Review of Procedures.--The Secretary of Defense shall
review the system and procedures for the correction of military
records used by the Secretaries of the military departments in
the exercise of authority under section 1552 of title 10,
United States Code, in order to identify potential improvements
that could be made in the process for correcting military
records to ensure fairness, equity, and (consistent with
appropriate service to applicants) maximum efficiency. The
Secretary may not delegate responsibility for the review to an
officer or official of a military department.
(b) Issues Reviewed.--In conducting the review, the
Secretary shall consider (with respect to each Board for the
Correction of Military Records) the following:
(1) The composition of the board and of the support
staff for the board.
(2) Timeliness of final action.
(3) Independence of deliberations by the civilian
board.
(4) The authority of the Secretary of the military
department concerned to modify the recommendations of
the board.
(5) Burden of proof and other evidentiary
standards.
(6) Alternative methods for correcting military
records.
(7) Whether the board should be consolidated with
the Discharge Review Board of the military department.
(c) Report.--Not later than April 1, 1996, the Secretary of
Defense shall submit a report on the results of the Secretary's
review under this section to the Committee on Armed Services of
the Senate and the Committee on National Security of the House
of Representatives. The report shall contain the
recommendations of the Secretary for improving the process for
correcting military records in order to achieve the objectives
referred to in subsection (a).
SEC. 555. REPORT ON THE CONSISTENCY OF REPORTING OF FINGERPRINT CARDS
AND FINAL DISPOSITION FORMS TO THE FEDERAL BUREAU
OF INVESTIGATION.
(a) Report.--The Secretary of Defense shall submit to
Congress a report on the consistency with which fingerprint
cards and final disposition forms, as described in Criminal
Investigations Policy Memorandum 10 issued by the Defense
Inspector General on March 25, 1987, are reported by the
Defense Criminal Investigative Organizations to the Federal
Bureau of Investigation for inclusion in the Bureau's criminal
history identification files. The report shall be prepared in
consultation with the Director of the Federal Bureau of
Investigation.
(b) Matters To Be Included.--In the report, the Secretary
shall--
(1) survey fingerprint cards and final disposition
forms filled out in the past 24 months by each
investigative organization;
(2) compare the fingerprint cards and final
disposition forms filled out to all judicial and
nonjudicial procedures initiated as a result of actions
taken by each investigative service in the past 24
months;
(3) account for any discrepancies between the forms
filled out and the judicial and nonjudicial procedures
initiated;
(4) compare the fingerprint cards and final
disposition forms filled out with the information held
by the Federal Bureau of Investigation criminal history
identification files;
(5) identify any weaknesses in the collection of
fingerprint cards and final disposition forms and in
the reporting of that information to the Federal Bureau
of Investigation; and
(6) determine whether or not other law enforcement
activities of the military services collect and report
such information or, if not, should collect and report
such information.
(c) Submission of Report.--The report shall be submitted
not later than one year after the date of the enactment of this
Act.
(d) Definition.--For the purposes of this section, the term
``criminal history identification files'', with respect to the
Federal Bureau of Investigation, means the criminal history
record system maintained by the Federal Bureau of Investigation
based on fingerprint identification and any other method of
positive identification.
Subtitle F--Other Matters
SEC. 561. EQUALIZATION OF ACCRUAL OF SERVICE CREDIT FOR OFFICERS AND
ENLISTED MEMBERS.
(a) Enlisted Service Credit.--Section 972 of title 10,
United States Code, is amended--
(1) by inserting ``(a) Enlisted Members Required To
Make Up Time Lost.--'' before ``An enlisted member'';
(2) by striking out paragraphs (3) and (4) and
inserting in lieu thereof the following:
``(3) is confined by military or civilian
authorities for more than one day in connection with a
trial, whether before, during, or after the trial;
or''; and
(3) by redesignating paragraph (5) as paragraph
(4).
(b) Officer Service Credit.--Such section is further
amended by adding at the end the following:
``(b) Officers Not Allowed Service Credit for Time Lost.--
In the case of an officer of an armed force who after the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 1996--
``(1) deserts;
``(2) is absent from his organization, station, or
duty for more than one day without proper authority, as
determined by competent authority;
``(3) is confined by military or civilian
authorities for more than one day in connection with a
trial, whether before, during, or after the trial; or
``(4) is unable for more than one day, as
determined by competent authority, to perform his
duties because of intemperate use of drugs or alcoholic
liquor, or because of disease or injury resulting from
his misconduct;
the period of such desertion, absence, confinement, or
inability to perform duties may not be counted in computing,
for any purpose other than basic pay under section 205 of title
37, the officer's length of service.''.
(c) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 972. Members: effect of time lost
(2) The item relating to section 972 in the table of
sections at the beginning of chapter 49 of such title is
amended to read as follows:
``972. Members: effect of time lost.''.
(d) Conforming Amendments.--(1) Section 1405(c) is
amended--
(A) by striking out ``Made Up.--Time'' and
inserting in lieu thereof ``Made Up or Excluded.--(1)
Time'';
(B) by striking out ``section 972'' and inserting
in lieu thereof ``section 972(a)'';
(C) by inserting after ``of this title'' the
following: ``, or required to be made up by an enlisted
member of the Navy, Marine Corps, or Coast Guard under
that section with respect to a period of time after the
date of the enactment of the National Defense
Authorization Act for Fiscal Year 1995,''; and
(D) by adding at the end the following:
``(2) Section 972(b) of this title excludes from
computation of an officer's years of service for purposes of
this section any time identified with respect to that officer
under that section.''.
(2) Chapter 367 of such title is amended--
(A) in section 3925(b), by striking out ``section
972'' and inserting in lieu thereof ``section 972(a)'';
and
(B) by adding at the end of section 3926 the
following new subsection:
``(e) Section 972(b) of this title excludes from
computation of an officer's years of service for purposes of
this section any time identified with respect to that officer
under that section.''.
(3)(A) Chapter 571 of such title is amended by inserting
after section 6327 the following new section:
``Sec. 6328. Computation of years of service: voluntary retirement
``(a) Enlisted Members.--Time required to be made up under
section 972(a) of this title after the date of the enactment of
this section may not be counted in computing years of service
under this chapter.
``(b) Officers.--Section 972(b) of this title excludes from
computation of an officer's years of service for purposes of
this chapter any time identified with respect to that officer
under that section.''.
(B) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 6327
the following new item:
``6328. Computation of years of service: voluntary retirement.''.
(4) Chapter 867 of such title is amended--
(A) in section 8925(b), by striking out ``section
972'' and inserting in lieu thereof ``section 972(a)'';
and
(B) by adding at the end of section 8926 the
following new subsection:
``(d) Section 972(b) of this title excludes from
computation of an officer's years of service for purposes of
this section any time identified with respect to that officer
under that section.''.
(e) Effective Date and Applicability.--The amendments made
by this section shall take effect on the date of the enactment
of this Act and shall apply to any period of time covered by
section 972 of title 10, United States Code, that occurs after
that date.
SEC. 562. ARMY RANGER TRAINING.
(a) In General.--(1) Chapter 401 of title 10, United States
Code, is amended by inserting after section 4302 the following
new section:
``Sec. 4303. Army Ranger training: instructor staffing; safety
``(a) Levels of Personnel Assigned.--(1) The Secretary of
the Army shall ensure that at all times the number of officers,
and the number of enlisted members, permanently assigned to the
Ranger Training Brigade (or other organizational element of the
Army primarily responsible for ranger student training) are not
less than 90 percent of the required manning spaces for
officers, and for enlisted members, respectively, for that
brigade.
``(2) In this subsection, the term `required manning
spaces' means the number of personnel spaces for officers, and
the number of personnel spaces for enlisted members, that are
designated in Army authorization documents as the number
required to accomplish the missions of a particular unit or
organization.
``(b) Training Safety Cells.--(1) The Secretary of the Army
shall establish and maintain an organizational entity known as
a `safety cell' as part of the organizational elements of the
Army responsible for conducting each of the three major phases
of the Ranger Course. The safety cell in each different
geographic area of Ranger Course training shall be comprised of
personnel who have sufficient continuity and experience in that
geographic area of such training to be knowledgeable of the
local conditions year-round, including conditions of terrain,
weather, water, and climate and other conditions and the
potential effect on those conditions on Ranger student training
and safety.
``(2) Members of each safety cell shall be assigned in
sufficient numbers to serve as advisers to the officers in
charge of the major phase of Ranger training and shall assist
those officers in making informed daily `go' and `no-go'
decisions regarding training in light of all relevant
conditions, including conditions of terrain, weather, water,
and climate and other conditions.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 4302
the following new item:
``4303. Army Ranger training: instructor staffing; safety.''.
(b) Accomplishment of Required Manning Levels.--(1) If, as
of the date of the enactment of this Act, the number of
officers, and the number of enlisted members, permanently
assigned to the Army Ranger Training Brigade are not each at
(or above) the requirement specified in subsection (a) of
section 4303 of title 10, United States Code, as added by
subsection (a), the Secretary of the Army shall--
(A) take such steps as necessary to accomplish that
requirement within 12 months after such date of
enactment; and
(B) submit to Congress, not later than 90 days
after such date of enactment, a plan to achieve and
maintain that requirement.
(2) The requirement specified in subsection (a) of section
4303 of title 10, United States Code, as added by subsection
(a), shall expire two years after the date (on or after the
date of the enactment of this Act) on which the required
manning levels referred to in paragraph (1) are first attained.
(c) GAO Assessment.--(1) Not later than one year the date
of the enactment of this Act, the Comptroller General shall
submit to Congress a report providing a preliminary assessment
of the implementation and effectiveness of all corrective
actions taken by the Army as a result of the February 1995
accident at the Florida Ranger Training Camp, including an
evaluation of the implementation of the required manning levels
established by subsection (a) of section 4303 of title 10,
United States Code, as added by subsection (a).
(2) At the end of the two-year period specified in
subsection (b)(2), the Comptroller General shall submit to
Congress a report providing a final assessment of the matters
covered in the preliminary report under paragraph (1). The
report shall include the Comptroller General's recommendation
as to the need to continue required statutory manning levels as
specified in subsection (a) of section 4303 of title 10, United
States Code, as added by subsection (a).
(d) Sense of Congress.--In light of requirement that
particularly dangerous training activities (such as Ranger
training, Search, Evasion, Rescue, and Escape (SERE) training,
SEAL training, and Airborne training) must be adequately manned
and resourced to ensure safety and effective oversight, it is
the sense of Congress--
(1) that the Secretary of Defense, in conjunction
with the Secretaries of the military departments,
should review and, if necessary, enhance oversight of
all such training activities; and
(2) that organizations similar to the safety cells
required to be established for Army Ranger training in
section 4303 of title 10, United States Code, as added
by subsection (a), should (when appropriate) be used
for all such training activities.
SEC. 563. SEPARATION IN CASES INVOLVING EXTENDED CONFINEMENT.
(a) Separation.--(1)(A) Chapter 59 of title 10, United
States Code, is amended by inserting after section 1166 the
following new section:
``Sec. 1167. Members under confinement by sentence of court-martial:
separation after six months confinement
``Except as otherwise provided in regulations prescribed by
the Secretary of Defense, a member sentenced by a court-martial
to a period of confinement for more than six months may be
separated from the member's armed force at any time after the
sentence to confinement has become final under chapter 47 of
this title and the person has served in confinement for a
period of six months.''.
(B) The table of sections at the beginning of chapter 59 of
such title is amended by inserting after the item relating to
section 1166 the following new item:
``1167. Members under confinement by sentence of court-martial:
separation after six months confinement.''.
(2)(A) Chapter 1221 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 12687. Reserves under confinement by sentence of court-martial:
separation after six months confinement
``Except as otherwise provided in regulations prescribed by
the Secretary of Defense, a Reserve sentenced by a court-
martial to a period of confinement for more than six months may
be separated from that Reserve's armed force at any time after
the sentence to confinement has become final under chapter 47
of this title and the Reserve has served in confinement for a
period of six months.''.
(B) The table of sections at the beginning of chapter 1221
of such title is amended by inserting at the end thereof the
following new item:
``12687. Reserves under confinement by sentence of court-martial:
(b) Drop From Rolls.--(1) Section 1161(b) of title 10,
United States Code, is amended by striking out ``or (2)'' and
inserting in lieu thereof ``(2) who may be separated under
section 1178 of this title by reason of a sentence to
confinement adjudged by a court-martial, or (3)''.
(2) Section 12684 of such title is amended--
(A) by striking out ``or'' at the end of paragraph
(1);
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new paragraph (2):
``(2) who may be separated under section 12687 of
this title by reason of a sentence to confinement
adjudged by a court-martial; or''.
SEC. 564. LIMITATIONS ON REDUCTIONS IN MEDICAL PERSONNEL.
(a) In General.--(1) Chapter 3 of title 10, United States
Code, is amended by inserting after section 129b the following
new section:
``Sec. 129c. Medical personnel: limitations on reductions
``(a) Limitation on Reduction.--For any fiscal year, the
Secretary of Defense may not make a reduction in the number of
medical personnel of the Department of Defense described in
subsection (b) unless the Secretary makes a certification for
that fiscal year described in subsection (c).
``(b) Covered Reductions.--Subsection (a) applies to a
reduction in the number of medical personnel of the Department
of Defense as of the end of a fiscal year to a number that is
less than--
``(1) 95 percent of the number of such personnel at
the end of the immediately preceding fiscal year; or
``(2) 90 percent of the number of such personnel at
the end of the third fiscal year preceding the fiscal
year.
``(c) Certification.--A certification referred to in
subsection (a) with respect to reductions in medical personnel
of the Department of Defense for any fiscal year is a
certification by the Secretary of Defense to Congress that--
``(1) the number of medical personnel being reduced
is excess to the current and projected needs of
theDepartment of Defense; and
``(2) such reduction will not result in an increase
in the cost of health care services provided under the
Civilian Health and Medical Program of the Uniformed
Services under chapter 55 of this title.
``(d) Policy for Implementing Reductions.--Whenever the
Secretary of Defense directs that there be a reduction in the
total number of military medical personnel of the Department of
Defense, the Secretary shall require that the reduction be
carried out so as to ensure that the reduction is not
exclusively or disproportionatly borne by any one of the armed
forces and is not exclusively or disproportionatly borne by
either the active or the reserve components.
``(e) Definition.--In this section, the term `medical
personnel' means--
``(1) the members of the armed forces covered by
the term `medical personnel' as defined in section
115a(g)(2) of this title; and
``(2) the civilian personnel of the Department of
Defense assigned to military medical facilities.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 129b
the following new item:
``129c. Medical personnel: limitations on reductions.''.
(b) Special Transition Rule for Fiscal Year 1996.--For
purposes of applying subsection (b)(1) of section 129c of title
10, United States Code, as added by subsection (a), during
fiscal year 1996, the number against which the percentage
limitation of 95 percent is computed shall be the number of
medical personnel of the Department of Defense as of the end of
fiscal year 1994 (rather than the number as of the end of
fiscal year 1995).
(c) Report on Planned Reductions.--(1) Not later than March
1, 1996, the Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a plan for the
reduction of the number of medical personnel of the Department
of Defense over the five-year period beginning on October 1,
1996.
(2) The Secretary shall prepare the plan through the
Assistant Secretary of Defense having responsibility for health
affairs, who shall consult in the preparation of the plan with
the Surgeon General of the Army, the Surgeon General of the
Navy, and the Surgeon General of the Air Force.
(3) For purposes of this subsection, the term ``medical
personnel of the Department of Defense'' shall have the meaning
given the term ``medical personnel'' in section 129c(e) of
title 10, United States Code, as added by subsection (a).
(d) Repeal of Superseded Provisions of Law.--The following
provisions of law are repealed:
(1) Section 711 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 115
note).
(2) Subsection (b) of section 718 of the National
Defense Authorization Act for Fiscal Years 1992 and
1993 (Public Law 102-190; 10 U.S.C. 115 note).
(3) Section 518 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 10 U.S.C. 12001 note).
SEC. 565. SENSE OF CONGRESS CONCERNING PERSONNEL TEMPO RATES.
(a) Findings.--Congress makes the following findings:
(1) Excessively high personnel tempo rates for
members of the Armed Forces resulting from high-tempo
unit operations degrades unit readiness and morale and
eventually can be expected to adversely affect unit
retention.
(2) The Armed Forces have begun to develop methods
to measure and manage personnel tempo rates.
(3) The Armed Forces have attempted to reduce
operations and personnel tempo for heavily tasked units
by employing alternative capabilities and reducing
tasking requirements.
(b) Sense of Congress.--The Secretary of Defense should
continue to enhance the knowledge within the Armed Forces of
personnel tempo and to improve the techniques by which
personnel tempo is defined and managed with a view toward
establishing and achieving reasonable personnel tempo standards
for all personnel, regardless of service, unit, or assignment.
SEC. 566. SEPARATION BENEFITS DURING FORCE REDUCTION FOR OFFICERS OF
COMMISSIONED CORPS OF NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.
(a) Separation Benefits.--Subsection (a) of section 3 of
the Act of August 10, 1956 (33 U.S.C. 857a), is amended by
adding at the end the following new paragraph:
``(15) Section 1174a, special separation benefits
(except that benefits under subsection (b)(2)(B) of
such section are subject to the availability of
appropriations for such purpose and are provided at the
discretion of the Secretary of Commerce).''.
(b) Technical Corrections.--Such section is further
amended--
(1) by striking out ``Coast and Geodetic Survey''
in subsections (a) and (b) and inserting in lieu
thereof ``commissioned officer corps of the National
Oceanic and Atmospheric Administration''; and
(2) in subsection (a), by striking out ``including
changes in those rules made after the effective date of
this Act'' in the matter preceding paragraph (1) and
inserting in lieu thereof ``as those provisions are in
effect from time to time''.
(c) Temporary Early Retirement Authority.--Section 4403
(other than subsection (f)) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
Stat. 2702; 10 U.S.C. 1293 note) shall apply to the
commissioned officer corps of the National Oceanic and
Atmospheric Administration in the same manner and to the same
extent as that section applies to the Department of Defense.
The Secretary of Commerce shall implement the provisions of
that section with respect to such commissioned officer corps
and shall apply the provisions of that section to the
provisions of the Coast and Geodetic Survey Commissioned
Officers' Act of 1948 relating to the retirement of members of
such commissioned officer corps.
(d) Effective Date.--This section shall apply only to
members of the commissioned officer corps of the National
Oceanic and Atmospheric Administration who are separated after
September 30, 1995.
SEC. 567. DISCHARGE OF MEMBERS OF THE ARMED FORCES WHO HAVE THE HIV-1
VIRUS.
(a) In General.--(1) Section 1177 of title 10, United
States Code, is amended to read as follows:
``Sec. 1177. Members infected with HIV-1 virus: mandatory discharge or
retirement
``(a) Mandatory Separation.--A member of the armed forces
who is HIV-positive shall be separated. Such separation shall
be made on a date determined by the Secretary concerned, which
shall be as soon as practicable after the date on which the
determination is made that the member is HIV-positive and not
later than the last day of the sixth month beginning after such
date.
``(b) Form of Separation.--If a member to be separated
under this section is eligible to retire under any provision of
law or to be transferred to the Fleet Reserve or Fleet Marine
Corps Reserve, the member shall be so retired or so
transferred. Otherwise, the member shall be discharged. The
characterization of the service of the member shall be
determined without regard to the determination that the member
is HIV-positive.
``(c) Deferral of Separation for Members in 18-Year
Retirement Sanctuary.--In the case of a member to be discharged
under this section who on the date on which the member is to be
discharged is within two years of qualifying for retirement
under any provision of law, or of qualifying for transfer to
the Fleet Reserve or Fleet Marine Corps Reserve under section
6330 of this title, the member may, as determined by the
Secretary concerned, be retained on active duty until the
member is qualified for retirement or transfer to the Fleet
Reserve or Fleet Marine Corps Reserve, as the case may be, and
then be so retired or transferred, unless the member is sooner
retired or discharged under any other provision of law.
``(d) Separation To Be Considered Involuntary.--A
separation under this section shall be considered to be an
involuntary separation for purposes of any other provision of
law.
``(e) Entitlement to Health Care.--A member separated under
this section shall be entitled to medical and dental care under
chapter 55 of this title to the same extent and under the same
conditions as a person who is entitled to such care under
section 1074(b) of this title.
``(f) Counseling About Available Medical Care.--A member to
be separated under this section shall be provided information,
in writing, before such separation of the available medical
care (through the Department of Veterans Affairs and otherwise)
to treat the member's condition. Such information shall include
identification of specific medical locations near the member's
home of record or point of discharge at which the member may
seek necessary medical care.
``(g) HIV-Positive Members.--A member shall be considered
to be HIV-positive for purposes of this section if there is
serologic evidence that the member is infected with the virus
known as Human Immunodeficiency Virus-1 (HIV-1), the virus most
commonly associated with the acquired immune deficiency
syndrome (AIDS) in the United States. Such serologic evidence
shall be considered to exist if there is a reactive result
given by an enzyme-linked immunosorbent assay (ELISA) serologic
test that is confirmed by a reactive and diagnostic
immunoelectrophoresis test (Western blot) on two separate
samples. Any such serologic test must be one that is approved
by the Food and Drug Administration.''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 59 of such title is
amended to read as follows:
``1177. Members infected with HIV-1 virus: mandatory discharge or
retirement.''.
(b) Effective Date.--Section 1177 of title 10, United
States Code, as amended by subsection (a), applies with respect
to members of the Armed Forces determined to be HIV-positive
before, on, or after the date of the enactment of this Act. In
the case of a member of the Armed Forces determined to be HIV-
positive before such date, the deadline for separation of the
member under subsection (a) of such section, as so amended,
shall be determined from the date of the enactment of this Act
(rather than from the date of such determination).
SEC. 568. REVISION AND CODIFICATION OF MILITARY FAMILY ACT AND MILITARY
CHILD CARE ACT.
(a) In General.--(1) Subtitle A of title 10, United States
Code, is amended by inserting after chapter 87 the following
new chapter:
``CHAPTER 88--MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE
``Subchapter Sec.
Military Family Programs.....................................1781
Military Child Care..........................................1791
``SUBCHAPTER I--MILITARY FAMILY PROGRAMS
``Sec.
``1781. Office of Family Policy.
``1782. Surveys of military families.
``1783. Family members serving on advisory committees.
``1784. Employment opportunities for military spouses.
``1785. Youth sponsorship program.
``1786. Dependent student travel within the United States.
``1787. Reporting of child abuse.
``Sec. 1781. Office of Family Policy
``(a) Establishment.--There is in the Office of the
Secretary of Defense an Office of Family Policy (hereinafter in
this section referred to as the `Office'). The Office shall be
under the Assistant Secretary of Defense for Force Management
and Personnel.
``(b) Duties.--The Office--
``(1) shall coordinate programs and activities of
the military departments to the extent that they relate
to military families; and
``(2) shall make recommendations to the Secretaries
of the military departments with respect to programs
and policies regarding military families.
``(c) Staff.--The Office shall have not less than five
professional staff members.
``Sec. 1782. Surveys of military families
``(a) Authority.--The Secretary of Defense may conduct
surveys of members of the armed forces on active duty or in an
active status, members of the families of such members, and
retired members of the armed forces to determine the
effectiveness of Federal programs relating to military families
and the need for new programs.
``(b) Responses To Be Voluntary.--Responses to surveys
conducted under this section shall be voluntary.
``(c) Federal Recordkeeping Requirements.--With respect to
such surveys, family members of members of the armed forces and
reserve and retired members of the armed forces shall be
considered to be employees of the United States for purposes of
section 3502(3)(A)(i) of title 44.
``Sec. 1783. Family members serving on advisory committees
``A committee within the Department of Defense which
advises or assists the Department in the performance of any
function which affects members of military families and which
includes members of military families in its membership shall
not be considered an advisory committee under section 3(2) of
the Federal Advisory Committee Act (5 U.S.C. App.) solely
because of such membership.
``Sec. 1784. Employment opportunities for military spouses
``(a) Authority.--The President shall order such measures
as the President considers necessary to increase employment
opportunities for spouses of members of the armed forces. Such
measures may include--
``(1) excepting, pursuant to section 3302 of title
5, from the competitive service positions in the
Department of Defense located outside of the United
States to provide employment opportunities for
qualified spouses of members of the armed forces in the
same geographical area as the permanent duty station of
the members; and
``(2) providing preference in hiring for positions
in nonappropriated fund activities to qualified spouses
of members of the armed forces stationed in the same
geographical area as the nonappropriated fund activity
for positions in wage grade UA-8 and below and
equivalent positions and for positions paid at hourly
rates.
``(b) Regulations.--The Secretary of Defense shall
prescribe regulations--
``(1) to implement such measures as the President
orders under subsection (a);
``(2) to provide preference to qualified spouses of
members of the armed forces in hiring for any civilian
position in the Department of Defense if the spouse is
among persons determined to be best qualified for the
position and if the position is located in the same
geographical area as the permanent duty station of the
member;
``(3) to ensure that notice of any vacant position
in the Department of Defense is provided in a manner
reasonably designed to reach spouses of members of the
armed forces whose permanent duty stations are in the
same geographic area as the area in which the position
is located; and
``(4) to ensure that the spouse of a member of the
armed forces who applies for a vacant position in the
Department of Defense shall, to the extent practicable,
be considered for any such position located in the same
geographic area as the permanent duty station of the
member.
``(c) Status of Preference Eligibles.--Nothing in this
section shall be construed to provide a spouse of a member of
the armed forces with preference in hiring over an individual
who is a preference eligible.
``Sec. 1785. Youth sponsorship program
``(a) Requirement.--The Secretary of Defense shall require
that there be at each military installation a youth sponsorship
program to facilitate the integration of dependent children of
members of the armed forces into new surroundings when moving
to that military installation as a result of a parent's
permanent change of station.
``(b) Description of Programs.--The program at each
installation shall provide for involvement of dependent
children of members presently stationed at the military
installation and shall be directed primarily toward children in
their preteen and teenage years.
``Sec. 1786. Dependent student travel within the United States
``Funds available to the Department of Defense for the
travel and transportation of dependent students of members of
the armed forces stationed overseas may be obligated for
transportation allowances for travel within or between the
contiguous States.
``Sec. 1787. Reporting of child abuse
``(a) In General.--The Secretary of Defense shall request
each State to provide for the reporting to the Secretary of any
report the State receives of known or suspected instances of
child abuse and neglect in which the person having care of the
child is a member of the armed forces (or the spouse of the
member).
``(b) Definition.--In this section, the term `child abuse
and neglect' has the meaning provided in section 3(1) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5102).
``SUBCHAPTER II--MILITARY CHILD CARE
``Sec.
``1791. Funding for military child care.
``1792. Child care employees.
``1793. Parent fees.
``1794. Child abuse prevention and safety at facilities.
``1795. Parent partnerships with child development centers.
``1796. Subsidies for family home day care.
``1797. Early childhood education program.
``1798. Definitions.
``Sec. 1791. Funding for military child care
``It is the policy of Congress that the amount of
appropriated funds available during a fiscal year for operating
expenses for military child development centers and programs
shall be not less than the amount of child care fee receipts
that are estimated to be received by the Department of Defense
during that fiscal year.
``Sec. 1792. Child care employees
``(a) Required Training.--(1) The Secretary of Defense
shall prescribe regulations implementing a training program for
child care employees. Those regulations shall apply uniformly
among the military departments. Subject to paragraph (2),
satisfactory completion of the training program shall be a
condition of employment of any person as a child care employee.
``(2) Under those regulations, the Secretary shall require
that each child care employee complete the training program not
later than six months after the date on which the employee is
employed as a child care employee.
``(3) The training program established under this
subsection shall cover, at a minimum, training in the
following:
``(A) Early childhood development.
``(B) Activities and disciplinary techniques
appropriate to children of different ages.
``(C) Child abuse prevention and detection.
``(D) Cardiopulmonary resuscitation and other
emergency medical procedures.
``(b) Training and Curriculum Specialists.--(1) The
Secretary of Defense shall require that at least one employee
at each military child development center be a specialist in
training and curriculum development. The Secretary shall ensure
that such employees have appropriate credentials and
experience.
``(2) The duties of such employees shall include the
following:
``(A) Special teaching activities at the center.
``(B) Daily oversight and instruction of other
child care employees at the center.
``(C) Daily assistance in the preparation of lesson
plans.
``(D) Assistance in the center's child abuse
prevention and detection program.
``(E) Advising the director of the center on the
performance of other child care employees.
``(3) Each employee referred to in paragraph (1) shall be
an employee in a competitive service position.
``(c) Competitive Rates of Pay.--For the purpose of
providing military child development centers with a qualified
and stable civilian workforce, employees at a military
installation who are directly involved in providing child care
and are paid from nonappropriated funds--
``(1) in the case of entry-level employees, shall
be paid at rates of pay competitive with the rates of
pay paid to other entry-level employees at that
installation who are drawn from the same labor pool;
and
``(2) in the case of other employees, shall be paid
at rates of pay substantially equivalent to the rates
of pay paid to other employees at that installation
with similar training, seniority, and experience.
``(d) Employment Preference Program for Military Spouses.--
(1) The Secretary of Defense shall conduct a program under
which qualified spouses of members of the armed forces shall be
given a preference in hiring for the position of child care
employee in a position paid from nonappropriated funds if the
spouse is among persons determined to be best qualified for the
position.
``(2) A spouse who is provided a preference under this
subsection at a military child development center may not be
precluded from obtaining another preference, in accordance with
section 1794 of this title, in the same geographic area as the
military child development center.
``(e) Competitive Service Position Defined.--In this
section, the term `competitive service position' means a
position in the competitive service, as defined in section
2102(a)(1) of title 5.
``Sec. 1793. Parent fees
``(a) In General.--The Secretary of Defense shall prescribe
regulations establishing fees to be charged parents for the
attendance of children at military child development centers.
Those regulations shall be uniform for the military departments
and shall require that, in the case of children who attend the
centers on a regular basis, the fees shall be based on family
income.
``(b) Local Waiver Authority.--The Secretary of Defense may
provide authority to installation commanders, on a case-by-case
basis, to establish fees for attendance of children at child
development centers at rates lower than those prescribed under
subsection (a) if the rates prescribed under subsection (a) are
not competitive with rates at local non-military child
development centers.
``Sec. 1794. Child abuse prevention and safety at facilities
``(a) Child Abuse Task Force.--The Secretary of Defense
shall maintain a special task force to respond to allegations
of widespread child abuse at a military installation. The task
force shall be composed of personnel from appropriate
disciplines, including, where appropriate, medicine,
psychology, and childhood development. In the case of such
allegations, the task force shall provide assistance to the
commander of the installation, and to parents at the
installation, in helping them to deal with such allegations.
``(b) National Hotline.--(1) The Secretary of Defense shall
maintain a national telephone number for persons to use to
report suspected child abuse or safety violations at a military
child development center or family home day care site. The
Secretary shall ensure that such reports may be made
anonymously if so desired by the person making the report. The
Secretary shall establish procedures for following up on
complaints and information received over that number.
``(2) The Secretary shall publicize the existence of the
number.
``(c) Assistance From Local Authorities.--The Secretary of
Defense shall prescribe regulations requiring that, in a case
of allegations of child abuse at a military child development
center or family home day care site, the commander of the
military installation or the head of the task force established
under subsection (a) shall seek the assistance of local child
protective authorities if such assistance is available.
``(d) Safety Regulations.--The Secretary of Defense shall
prescribe regulations on safety and operating procedures at
military child development centers. Those regulations shall
apply uniformly among the military departments.
``(e) Inspections.--The Secretary of Defense shall require
that each military child development center be inspected not
less often than four times a year. Each such inspection shall
be unannounced. At least one inspection a year shall be carried
out by a representative of the installation served by the
center, and one inspection a year shall be carried out by a
representative of the major command under which that
installation operates.
``(f) Remedies for Violations.--(1) Except as provided in
paragraph (2), any violation of a safety, health, or child
welfare law or regulation (discovered at an inspection or
otherwise) at a military child development center shall be
remedied immediately.
``(2) In the case of a violation that is not life
threatening, the commander of the major command under which the
installation concerned operates may waive the requirement that
the violation be remedied immediately for a period of up to 90
days beginning on the date of the discovery of the violation.
If the violation is not remedied as of the end of that 90-day
period, the military child development center shall be closed
until the violation is remedied. The Secretary of the military
department concerned may waive the preceding sentence and
authorize the center to remain open in a case in which the
violation cannot reasonably be remedied within that 90-day
period or in which major facility reconstruction is required.
``Sec. 1795. Parent partnerships with child development centers
``(a) Parent Boards.--The Secretary of Defense shall
require that there be established at each military child
development center a board of parents, to be composed of
parents of children attending the center. The board shall meet
periodically with staff of the center and the commander of the
installation served by the center for the purpose of discussing
problems and concerns. The board, together with the staff of
the center, shall be responsible for coordinating the parent
participation program described in subsection (b).
``(b) Parent Participation Programs.--The Secretary of
Defense shall require the establishment of a parent
participation program at each military child development
center. As part of such program, the Secretary of Defense may
establish fees for attendance of children at such a center, in
the case of parents who participate in the parent participation
program at that center, at rates lower than the rates that
otherwise apply.
``Sec. 1796. Subsidies for family home day care
``The Secretary of Defense may use appropriated funds
available for military child care purposes to provide
assistance to family home day care providers so that family
home day care services can be provided to members of the armed
forces at a cost comparable to the cost of services provided by
military child development centers. The Secretary shall
prescribe regulations for the provision of such assistance.
``Sec. 1797. Early childhood education program
``The Secretary of Defense shall require that all military
child development centers meet standards of operation necessary
for accreditation by an appropriate national early childhood
programs accrediting body.
``Sec. 1798. Definitions
``In this subchapter:
``(1) The term `military child development center'
means a facility on a military installation (or on
property under the jurisdiction of the commander of a
military installation) at which child care services are
provided for members of the armed forces or any other
facility at which such child care services are provided
that is operated by the Secretary of a military
department.
``(2) The term `family home day care' means home-
based child care services that are provided for members
of the armed forces by an individual who (A) is
certified by the Secretary of the military department
concerned as qualified to provide those services, and
(B) provides those services on a regular basis for
compensation.
``(3) The term `child care employee' means a
civilian employee of the Department of Defense who is
employed to work in a military child development center
(regardless of whether the employee is paid from
appropriated funds or nonappropriated funds).
``(4) The term `child care fee receipts' means
those nonappropriated funds that are derived from fees
paid by members of the armed forces for child care
services provided at military child development
centers.''.
(2) The tables of chapters at the beginning of subtitle A,
and at the beginning of part II of subtitle A, of title 10,
United States Code, are amended by inserting after the item
relating to chapter 87 the following new item:
``88. Military Family Programs and Military Child Care...........1781''.
(b) Report on Five-Year Demand for Child Care.--(1) Not
later than the date of the submission of the budget for fiscal
year 1997 pursuant to section 1105 of title 31, United States
Code, the Secretary of Defense shall submit to Congress a
report on the expected demand for child care by military and
civilian personnel of the Department of Defense during fiscal
years 1997 through 2001.
(2) The report shall include--
(A) a plan for meeting the expected child care
demand identified in the report; and
(B) an estimate of the cost of implementing that
plan.
(3) The report shall also include a description of methods
for monitoring family home day care programs of the military
departments.
(c) Plan for Implementation of Accreditation Requirement.--
The Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a plan for carrying out the
requirements of section 1787 of title 10, United States Code,
as added by subsection (a). The plan shall be submitted not
later than April 1, 1997.
(d) Continuation of Delegation of Authority With Respect to
Hiring Preference for Qualified Military Spouses.--The
provisions of Executive Order No. 12568, issued October 2, 1986
(10 U.S.C. 113 note), shall apply as if the reference in that
Executive order to section 806(a)(2) of the Department of
Defense Authorization Act of 1986 refers to section 1784 of
title 10, United States Code, as added by subsection (a).
(e) Repealer.--The following provisions of law are
repealed:
(1) The Military Family Act of 1985 (title VIII of
Public Law 99-145; 10 U.S.C. 113 note).
(2) The Military Child Care Act of 1989 (title XV
of Public Law 101-189; 10 U.S.C. 113 note).
SEC. 569. DETERMINATION OF WHEREABOUTS AND STATUS OF MISSING PERSONS.
(a) Purpose.--The purpose of this section is to ensure that
any member of the Armed Forces (and any Department of Defense
civilian employee or contractor employee who serves with or
accompanies the Armed Forces in the field under orders) who
becomes missing or unaccounted for is ultimately accounted for
by the United States and, as a general rule, is not declared
dead solely because of the passage of time.
(b) In General.--(1) Part II of subtitle A of title 10,
United States Code, is amended by inserting after chapter 75
the following new chapter:
``CHAPTER 76--MISSING PERSONS
``Sec.
``1501. System for accounting for missing persons.
``1502. Missing persons: initial report.
``1503. Actions of Secretary concerned; initial board inquiry.
``1504. Subsequent board of inquiry.
``1505. Further review.
``1506. Personnel files.
``1507. Recommendation of status of death.
``1508. Judicial review.
``1509. Preenactment, special interest cases.
``1510. Applicability to Coast Guard.
``1511. Return alive of person declared missing or dead.
``1512. Effect on State law.
``1513. Definitions.
``Sec. 1501. System for accounting for missing persons
``(a) Office for Missing Personnel.--(1) The Secretary of
Defense shall establish within the Office of the Secretary of
Defense an office to have responsibility for Department of
Defense policy relating to missing persons. Subject to the
authority, direction, and control of the Secretary of Defense,
the responsibilities of the office shall include--
``(A) policy, control, and oversight within the
Department of Defense of the entire process for
investigation and recovery related to missing persons
(including matters related to search, rescue, escape,
and evasion); and
``(B) coordination for the Department of Defense
with other departments and agencies of the United
States on all matters concerning missing persons.
``(2) In carrying out the responsibilities of the office
established under this subsection, the head of the office shall
be responsible for the coordination for such purposes within
the Department of Defense among the military departments, the
Joint Staff, and the commanders of the combatant commands.
``(3) The office shall establish policies, which shall
apply uniformly throughout the Department of Defense, for
personnel recovery (including search, rescue, escape, and
evasion).
``(4) The office shall establish procedures to be followed
by Department of Defense boards of inquiry, and by officials
reviewing the reports of such boards, under this chapter.
``(b) Uniform DoD Procedures.--(1) The Secretary of Defense
shall prescribe procedures, to apply uniformly throughout the
Department of Defense, for--
``(A) the determination of the status of persons
described in subsection (c); and
``(B) for the systematic, comprehensive, and timely
collection, analysis, review, dissemination, and
periodic update of information related to such persons.
``(2) Such procedures may provide for the delegation by the
Secretary of Defense of any responsibility of the Secretary
under this chapter to the Secretary of a military department.
``(3) Such procedures shall be prescribed in a single
directive applicable to all elements of the Department of
Defense.
``(4) As part of such procedures, the Secretary may provide
for the extension, on a case by-case basis, of any time limit
specified in section 1502, 1503, or 1504 of this title. Any
such extension may not be for a period in excess of the period
with respect to which the extension is provided. Subsequent
extensions may be provided on the same basis.
``(c) Covered Persons.--Section 1502 of this title applies
in the case of the following persons:
``(1) Any member of the armed forces on active duty
who becomes involuntarily absent as a result of a
hostile action, or under circumstances suggesting that
the involuntary absence is a result of a hostile
action, and whose status is undetermined or who is
unaccounted for.
``(2) Any civilian employee of the Department of
Defense, and any employee of a contractor of the
Department of Defense, who serves with or accompanies
the armed forces in the field under orders who becomes
involuntarily absent as a result of a hostile action,
or under circumstances suggesting that the involuntary
absence is a result of a hostile action, and whose
status is undetermined or who is unaccounted for.
``(d) Primary Next of Kin.--The individual who is primary
next of kin of any person prescribed in subsection (c) may for
purposes of this chapter designate another individual to act on
behalf of that individual as primary next of kin. The Secretary
concerned shall treat an individual so designated as if the
individual designated were the primary next of kin for purposes
of this chapter. A designation under this subsection may be
revoked at any time by the person who made the designation.
``(e) Termination of Applicability of Procedures When
Missing Person Is Accounted for.--The provisions of this
chapter relating to boards of inquiry and to the actions by the
Secretary concerned on the reports of those boards shall cease
to apply in the case of a missing person upon the person
becoming accounted for or otherwise being determined to be in a
status other than missing.
``(f) Secretary Concerned.--In this chapter, the term
`Secretary concerned' includes, in the case of a civilian
employee of the Department of Defense or contractor of the
Department of Defense, the Secretary of the military department
or head of the element of the Department of Defense employing
the employee or contracting with the contractor, as the case
may be.
``Sec. 1502. Missing persons: initial report
``(a) Preliminary Assessment and Recommendation by
Commander.--After receiving information that the whereabouts
and status of a person described in section 1501(c) of this
title is uncertain and that the absence of the person may be
involuntary, the commander of the unit, facility, or area to or
in which the person is assigned shall make a preliminary
assessment of the circumstances. If, as a result of that
assessment, the commander concludes that the person is missing,
the commander shall--
``(1) recommend that the person be placed in a
missing status; and
``(2) not later than 48 hours after receiving such
information, transmit a report containing that
recommendation to the theater component commander with
jurisdiction over the missing person in accordance with
procedures prescribed under section 1501(b) of this
title.
``(b) Transmission Through Theater Component Commander.--
Upon reviewing a report under subsection (a) recommending that
a person be placed in a missing status, the theater component
commander shall ensure that all necessary actions are being
taken, and all appropriate assets are being used, to resolve
the status of the missing person. Not later than 14 days after
receiving the report, the theater component commander shall
forward the report to the Secretary of Defense or the Secretary
concerned in accordance with procedures prescribed under
section 1501(b) of this title. The theater component commander
shall include with such report a certification that all
necessary actions are being taken, and all appropriate assets
are being used, to resolve the status of the missing person.
``(c) Safeguarding and Forwarding of Records.--A commander
making a preliminary assessment under subsection (a) with
respect to a missing person shall (in accordance with
procedures prescribed under section 1501 of this title)
safeguard and forward for official use any information relating
to the whereabouts and status of the missing person that
results from the preliminary assessment or from actions taken
to locate the person. The theater component commander through
whom the report with respect to the missing person is
transmitted under subsection (b) shall ensure that all
pertinent information relating to the whereabouts and status of
the missing person that results from the preliminary assessment
or from actions taken to locate the person is properly
safeguarded to avoid loss, damage, or modification.
``Sec. 1503. Actions of Secretary concerned; initial board inquiry
``(a) Determination by Secretary.--Upon receiving a
recommendation under section 1502(b) of this title that a
person be placed in a missing status, the Secretary receiving
the recommendation shall review the recommendation and, not
later than 10 days after receiving such recommendation, shall
appoint a board under this section to conduct an inquiry into
the whereabouts and status of the person.
``(b) Inquiries Involving More Than One Missing Person.--If
it appears to the Secretary who appoints a board under this
section that the absence or missing status of two or more
persons is factually related, the Secretary may appoint a
single board under this section to conduct the inquiry into the
whereabouts and status of all such persons.
``(c) Composition.--(1) A board appointed under this
section to inquire into the whereabouts and status of a person
shall consist of at least one individual described in paragraph
(2) who has experience with and understanding of military
operations or activities similar to the operation or activity
in which the person disappeared.
``(2) An individual referred to in paragraph (1) is the
following:
``(A) A military officer, in the case of an inquiry
with respect to a member of the armed forces.
``(B) A civilian, in the case of an inquiry with
respect to a civilian employee of the Department of
Defense or of a contractor of the Department of
Defense.
``(3) An individual may be appointed as a member of a board
under this section only if the individual has a security
clearance that affords the individual access to all information
relating to the whereabouts and status of the missing persons
covered by the inquiry.
``(4) A Secretary appointing a board under this subsection
shall, for purposes of providing legal counsel to the board,
assign to the board a judge advocate, or appoint to the board
an attorney, who has expertise in the law relating to missing
persons, the determination of death of such persons, and the
rights of family members and dependents of such persons.
``(d) Duties of Board.--A board appointed to conduct an
inquiry into the whereabouts and status of a missing person
under this section shall--
``(1) collect, develop, and investigate all facts
and evidence relating to the disappearance or
whereabouts and status of the person;
``(2) collect appropriate documentation of the
facts and evidence covered by the board's
investigation;
``(3) analyze the facts and evidence, make findings
based on that analysis, and draw conclusions as to the
current whereabouts and status of the person; and
``(4) with respect to each person covered by the
inquiry, recommend to the Secretary who appointed the
board that--
``(A) the person be placed in a missing
status; or
``(B) the person be declared to have
deserted, to be absent without leave, or
(subject to the requirements of section 1507 of
this title) to be dead.
``(e) Board Proceedings.--During the proceedings of an
inquiry under this section, a board shall--
``(1) collect, record, and safeguard all facts,
documents, statements, photographs, tapes, messages,
maps, sketches, reports, and other information (whether
classified or unclassified) relating to the whereabouts
and status of each person covered by the inquiry;
``(2) gather information relating to actions taken
to find the person, including any evidence of the
whereabouts and status of the person arising from such
actions; and
``(3) maintain a record of its proceedings.
``(f) Counsel for Missing Person.--(1) The Secretary
appointing a board to conduct an inquiry under this section
shall appoint counsel to represent each person covered by the
inquiry or, in a case covered by subsection (b), one counsel to
represent all persons covered by the inquiry. Counsel appointed
under this paragraph may be referred to as `missing person's
counsel' and represents the interests of the person covered by
the inquiry (and not any member of the person's family or other
interested parties).
``(2) To be appointed as a missing person's counsel, a
person must--
``(A) have the qualifications specified in section
827(b) of this title (article 27(b) of the Uniform Code
of Military Justice) for trial counsel or defense
counsel detailed for a general court-martial;
``(B) have a security clearance that affords the
counsel access to all information relating to the
whereabouts and status of the person or persons covered
by the inquiry; and
``(C) have expertise in the law relating to missing
persons, the determination of the death of such
persons, and the rights of family members and
dependents of such persons.
``(3) A missing person's counsel--
``(A) shall have access to all facts and evidence
considered by the board during the proceedings under
the inquiry for which the counsel is appointed;
``(B) shall observe all official activities of the
board during such proceedings;
``(C) may question witnesses before the board; and
``(D) shall monitor the deliberations of the board.
``(4) A missing person's counsel shall assist the board in
ensuring that all appropriate information concerning the case
is collected, logged, filed, and safeguarded.
``(5) A missing person's counsel shall review the report of
the board under subsection (h) and submit to the Secretary
concerned who appointed the board an independent review of that
report. That review shall be made an official part of the
record of the board.
``(g) Access to Proceedings.--The proceedings of a board
during an inquiry under this section shall be closed to the
public (including, with respect to the person covered by the
inquiry, the primary next of kin, other members of the
immediate family, and any other previously designated person of
the person).
``(h) Report.--(1) A board appointed under this section
shall submit to the Secretary who appointed the board a report
on the inquiry carried out by the board. The report shall
include--
``(A) a discussion of the facts and evidence
considered by the board in the inquiry;
``(B) the recommendation of the board under
subsection (d) with respect to each person covered by
the report; and
``(C) disclosure of whether classified documents
and information were reviewed by the board or were
otherwise used by the board in forming recommendations
under subparagraph (B).
``(2) A board shall submit a report under this subsection
with respect to the inquiry carried out by the board not later
than 30 days after the date of the appointment of the board to
carry out the inquiry. The report may include a classified
annex.
``(3) The Secretary of Defense shall prescribe procedures
for the release of a report submitted under this subsection
with respect to a missing person. Such procedures shall provide
that the report may not be made public (except as provided for
in subsection (j)) until one year after the date on which the
report is submitted.
``(i) Determination by Secretary.--(1) Not later than 30
days after receiving a report from a board under subsection
(h), the Secretary receiving the report shall review the
report.
``(2) In reviewing a report under paragraph (1), the
Secretary shall determine whether or not the report is complete
and free of administrative error. If the Secretary determines
that the report is incomplete, or that the report is not free
of administrative error, the Secretary may return the report to
the board for further action on the report by the board.
``(3) Upon a determination by the Secretary that a report
reviewed under this subsection is complete and free of
administrative error, the Secretary shall make a determination
concerning the status of each person covered by the report,
including whether the person shall--
``(A) be declared to be missing;
``(B) be declared to have deserted;
``(C) be declared to be absent without leave; or
``(D) be declared to be dead.
``(j) Report to Family Members and Other Interested
Persons.--Not later than 30 days after the date on which the
Secretary concerned makes a determination of the status of a
person under subsection (i), the Secretary shall take
reasonable actions to--
``(1) provide to the primary next of kin, the other
members of the immediate family, and any other
previously designated person of the person--
``(A) an unclassified summary of the unit
commander's report with respect to the person
under section 1502(a) of this title; and
``(B) the report of the board (including
the names of the members of the board) under
subsection (h); and
``(2) inform each individual referred to in
paragraph (1) that the United States will conduct a
subsequent inquiry into the whereabouts and status of
the person on or about one year after the date of the
first official notice of the disappearance of the
person, unless information becomes available sooner
that may result in a change in status of the person.
``(k) Treatment of Determination.--Any determination of the
status of a missing person under subsection (i) shall be
treated as the determination of the status of the person by all
departments and agencies of the United States.
``Sec. 1504. Subsequent board of inquiry
``(a) Additional Board.--If information that may result in
a change of status of a person covered by a determination under
section 1503(i) of this title becomes available within one year
after the date of the transmission of a report with respect to
the person under section 1502(a)(2) of this title, the
Secretary concerned shall appoint a board under this section to
conduct an inquiry into the information.
``(b) Date of Appointment.--The Secretary concerned shall
appoint a board under this section to conduct an inquiry into
the whereabouts and status of a missing person on or about one
year after the date of the transmission of a report concerning
the person under section 1502(a)(2) of this title.
``(c) Combined Inquiries.--If it appears to the Secretary
concerned that the absence or status of two or more persons is
factually related, the Secretary may appoint one board under
this section to conduct the inquiry into the whereabouts and
status of such persons.
``(d) Composition.--(1) A board appointed under this
section shall be composed of at least three members as follows:
``(A) In the case of a board that will inquire into
the whereabouts and status of one or more members of
the armed forces (and no civilians described in
subparagraph (B)), the board shall be composed of
officers having the grade of major or lieutenant
commander or above.
``(B) In the case of a board that will inquire into
the whereabouts and status of one or more civilian
employees of the Department of Defense or contractors
of the Department of Defense (and no members of the
armed forces), the board shall be composed of--
``(i) not less than three employees of the
Department of Defense whose rate of annual pay
is equal to or greater than the rate of annual
pay payable for grade GS-13 of the General
Schedule under section 5332 of title 5; and
``(ii) such members of the armed forces as
the Secretary considers advisable.
``(C) In the case of a board that will inquire into
the whereabouts and status of both one or more members
of the armed forces and one or more civilians described
in subparagraph (B)--
``(i) the board shall include at least one
officer described in subparagraph (A) and at
least one employee of the Department of Defense
described in subparagraph (B)(i); and
``(ii) the ratio of such officers to such
employees on the board shall be roughly
proportional to the ratio of the number of
members of the armed forces who are subjects of
the board's inquiry to the number of civilians
who are subjects of the board's inquiry.
``(2) The Secretary concerned shall designate one member of
a board appointed under this section as president of the board.
The president of the board shall have a security clearance that
affords the president access to all information relating to the
whereabouts and status of each person covered by the inquiry.
``(3) One member of each board appointed under this
subsection shall be an individual who--
``(A) has a occupational specialty similar to that
of one or more of the persons covered by the inquiry;
and
``(B) has an understanding of and expertise in the
type of official activities that one or more such
persons were engaged in at the time such person or
persons disappeared.
``(4) The Secretary who appoints a board under this
subsection shall, for purposes of providing legal counsel to
the board, assign to the board a judge advocate, or appoint to
the board an attorney, with the same qualifications as
specified in section 1503(c)(4) of this title.
``(e) Duties of Board.--A board appointed under this
section to conduct an inquiry into the whereabouts and status
of a person shall--
``(1) review the reports with respect to the person
transmitted under section 1502(a)(2) of this title and
submitted under section 1503(h) of this title;
``(2) collect and evaluate any document, fact, or
other evidence with respect to the whereabouts and
status of the person that has become available since
the determination of the status of the person under
section 1503 of this title;
``(3) draw conclusions as to the whereabouts and
status of the person;
``(4) determine on the basis of the activities
under paragraphs (1) and (2) whether the status of the
person should be continued or changed; and
``(5) submit to the Secretary concerned a report
describing the findings and conclusions of the board,
together with a recommendation for a determination by
the Secretary concerning the whereabouts and status of
the person.
``(f) Counsel for Missing Persons.--(1) When the Secretary
concerned appoints a board to conduct an inquiry under this
section, the Secretary shall appoint counsel to represent each
person covered by the inquiry.
``(2) A person appointed as counsel under this subsection
shall meet the qualifications and have the duties set forth in
section 1503(f) of this title for a missing person's counsel
appointed under that section.
``(3) The review of the report of a board on an inquiry
that is submitted by such counsel shall be made an official
part of the record of the board with respect to the inquiry.
``(g) Attendance of Family Members and Certain Other
Interested Persons at Proceedings.--(1) With respect to any
person covered by a inquiry under this section, the primary
next of kin, other members of the immediate family, and any
other previously designated person of the person may attend the
proceedings of the board during the inquiry.
``(2) The Secretary concerned shall take reasonable actions
to notify each individual referred to in paragraph (1) of the
opportunity to attend the proceedings of a board. Such notice
shall be provided not less than 60 days before the first
meeting of the board.
``(3) An individual who receives notice under paragraph (2)
shall notify the Secretary of the intent, if any, of that
individual to attend the proceedings of the board not later
than 21 days after the date on which the individual receives
the notice.
``(4) Each individual who notifies the Secretary under
paragraph (3) of the individual's intent to attend the
proceedings of the board--
``(A) in the case of a individual who is the
primary next of kin or the previously designated
person, may attend the proceedings of the board with
private counsel;
``(B) shall have access to the personnel file of
the missing person, to unclassified reports, if any, of
the board appointed under section 1503 of this title to
conduct the inquiry into the whereabouts and status of
the person, and to any other unclassified information
or documents relating to the whereabouts and status of
the person;
``(C) shall be afforded the opportunity to present
information at the proceedings of the board that such
individual considers to be relevant to those
proceedings; and
``(D) subject to paragraph (5), shall be given the
opportunity to submit in writing an objection to any
recommendation of the board under subsection (i) as to
the status of the missing person.
``(5)(A) Individuals who wish to file objections under
paragraph (4)(D) to any recommendation of the board shall--
``(i) submit a letter of intent to the president of
the board not later than 15 days after the date on
which the recommendations are made; and
``(ii) submit to the president of the board the
objections in writing not later than 30 days after the
date on which the recommendations are made.
``(B) The president of a board shall include any objections
to a recommendation of the board that are submitted to the
president of the board under subparagraph (A) in the report of
the board containing the recommendation under subsection (i).
``(6) An individual referred to in paragraph (1) who
attends the proceedings of a board under this subsection shall
not be entitled to reimbursement by the United States for any
costs (including travel, lodging, meals, local transportation,
legal fees, transcription costs, witness expenses, and other
expenses) incurred by that individual in attending such
proceedings.
``(h) Availability of Information to Boards.--(1) In
conducting proceedings in an inquiry under this section, a
board may secure directly from any department or agency of the
United States any information that the board considers
necessary in order to conduct the proceedings.
``(2) Upon written request from the president of a board,
the head of a department or agency of the United States shall
release information covered by the request to the board. In
releasing such information, the head of the department or
agency shall--
``(A) declassify to an appropriate degree
classified information; or
``(B) release the information in a manner not
requiring the removal of markings indicating the
classified nature of the information.
``(3)(A) If a request for information under paragraph (2)
covers classified information that cannot be declassified, or
if the classification markings cannot be removed before release
from the information covered by the request, or if the material
cannot be summarized in a manner that prevents the release of
classified information, the classified information shall be
made available only to the president of the board making the
request and the counsel for the missing person appointed under
subsection (f).
``(B) The president of a board shall close to persons who
do not have appropriate security clearances the proceeding of
the board at which classified information is discussed.
Participants at a proceeding of a board at which classified
information is discussed shall comply with all applicable laws
and regulations relating to the disclosure of classified
information. The Secretary concerned shall assist the president
of a board in ensuring that classified information is not
compromised through board proceedings.
``(i) Recommendation on Status.--(1) Upon completion of an
inquiry under this subsection, a board shall make a
recommendation as to the current whereabouts and status of each
missing person covered by the inquiry.
``(2) A board may not recommend under paragraph (1) that a
person be declared dead unless in making the recommendation the
board complies with section 1507 of this title.
``(j) Report.--A board appointed under this section shall
submit to the Secretary concerned a report on the inquiry
carried out by the board, together with the evidence considered
by the board during the inquiry. The report may include a
classified annex.
``(k) Actions by Secretary Concerned.--(1) Not later than
30 days after the receipt of a report from a board under
subsection (j), the Secretary shall review--
``(A) the report;
``(B) the review of the report submitted to the
Secretary under subsection (f)(3) by the counsel for
each person covered by the report; and
``(C) the objections, if any, to the report
submitted to the president of the board under
subsection (g)(5).
``(2) In reviewing a report under paragraph (1) (including
the objections described in subparagraph (C) of that
paragraph), the Secretary concerned shall determine whether or
not the report is complete and free of administrative error. If
the Secretary determines that the report is incomplete, or that
the report is not free of administrative error, the Secretary
may return the report to the board for further action on the
report by the board.
``(3) Upon a determination by the Secretary that a report
reviewed under this subsection is complete and free of
administrative error, the Secretary shall make a determination
concerning the status of each person covered by the report.
``(l) Report to Family Members and Other Interested
Persons.--Not later than 60 days after the date on which the
Secretary concerned makes a determination with respect to a
missing person under subsection (k), the Secretary shall--
``(1) provide the report reviewed by the Secretary
in making the determination to the primary next of kin,
the other members of the immediate family, and any
other previously designated person of the person; and
``(2) in the case of a person who continues to be
in a missing status, inform each individual referred to
in paragraph (1) that the United States will conduct a
further investigation into the whereabouts and status
of the person as specified in section 1505 of this
title.
``(m) Treatment of Determination.--Any determination of the
status of a missing person under subsection (k) shall supersede
the determination of the status of the person under section
1503 of this title and shall be treated as the determination of
the status of the person by all departments and agencies of the
United States.
``Sec. 1505. Further review
``(a) Subsequent Review.--The Secretary concerned shall
conduct subsequent inquiries into the whereabouts and status of
any person determined by the Secretary under section 1504 of
this title to be in a missing status.
``(b) Frequency of Subsequent Reviews.--(1) In the case of
a missing person who was last known to be alive or who was last
suspected of being alive, the Secretary shall appoint a board
to conduct an inquiry with respect to a person under this
subsection--
``(A) on or about three years after the date of the
initial report of the disappearance of the person under
section 1502(a) of this title; and
``(B) not later than every three years thereafter.
``(2) In addition to appointment of boards under paragraph
(1), the Secretary shall appoint a board to conduct an inquiry
with respect to a missing person under this subsection upon
receipt of information that could result in a change of status
of the missing person. When the Secretary appoints a board
under this paragraph, the time for subsequent appointments of a
board under paragraph (1)(B) shall be determined from the date
of the receipt of such information.
``(3) The Secretary is not required to appoint a board
under paragraph (1) with respect to the disappearance of any
person--
``(A) more than 30 years after the initial report
of the disappearance of the missing person required by
section 1502 of this title; or
``(B) if, before the end of such 30-year period,
the missing person is accounted for.
``(c) Action Upon Discovery or Receipt of Information.--(1)
Whenever any United States intelligence agency or other element
of the Government finds or receives information that may be
related to a missing person, the information shall promptly be
forwarded to the office established under section 1501 of this
title.
``(2) Upon receipt of information under paragraph (1), the
head of the office established under section 1501 of this title
shall as expeditiously as possible ensure that the information
is added to the appropriate case file for that missing person
and notify (A) the designated missing person's counsel for that
person, and (B) the primary next of kin and any previously
designated person for the missing person of the existence of
that information.
``(3) The head of the office established under section 1501
of this title, with the advice of the missing person's counsel
notified under paragraph (2), shall determine whether the
information is significant enough to require a board review
under this section.
``(d) Conduct of Proceedings.--If it is determined that
such a board should be appointed, the appointment of, and
activities before, a board appointed under this section shall
be governed by the provisions of section 1504 of this title
with respect to a board appointed under that section.
``Sec. 1506. Personnel files
``(a) Information in Files.--Except as provided in
subsections (b), (c), and (d), the Secretary concerned shall,
to the maximum extent practicable, ensure that the personnel
file of a missing person contains all information in the
possession of the United States relating to the disappearance
and whereabouts and status of the person.
``(b) Classified Information.--The Secretary concerned may
withhold classified information from a personnel file under
this section. If the Secretary concerned withholds classified
information from a personnel file, the Secretary shall ensure
that the file contains the following:
``(1) A notice that the withheld information
exists.
``(2) A notice of the date of the most recent
review of the classification of the withheld
information.
``(c) Protection of Privacy.--The Secretary concerned shall
maintain personnel files under this section, and shall permit
disclosure of or access to such files, in accordance with the
provisions of section 552a of title 5 and with other applicable
laws and regulations pertaining to the privacy of the persons
covered by the files.
``(d) Privileged Information.--(1) The Secretary concerned
shall withhold from personnel files under this section, as
privileged information, debriefing reports provided by missing
persons returned to United States control which are obtained
under a promise of confidentiality made for the purpose of
ensuring the fullest possible disclosure of information.
``(2) If a debriefing report contains non-derogatory
information about the status and whereabouts of a missing
person other than the source of the debriefing report, the
Secretary concerned shall prepare an extract of the non-
derogatory information. That extract, following a review by the
source of the debriefing report, shall be placed in the
personnel file of the missing person in such a manner as to
protect the identity of the source providing the information.
``(3) Whenever the Secretary concerned withholds a
debriefing report from a personnel file under this subsection,
the Secretary shall ensure that the file contains a notice that
withheld information exists.
``(e) Wrongful Withholding.--Except as provided in
subsections (a) through (d), any person who knowingly and
willfully withholds from the personnel file of a missing person
any information relating to the disappearance or whereabouts
and status of a missing person shall be fined as provided in
title 18 or imprisoned not more than one year, or both.
``(f) Availability of Information.--The Secretary concerned
shall, upon request, make available the contents of the
personnel file of a missing person to the primary next of kin,
the other members of the immediate family, or any other
previously designated person of the person.
``Sec. 1507. Recommendation of status of death
``(a) Requirements Relating to Recommendation.--A board
appointed under section 1503, 1504, or 1505 of this title may
not recommend that a person be declared dead unless--
``(1) credible evidence exists to suggest that the
person is dead;
``(2) the United States possesses no credible
evidence that suggests that the person is alive; and
``(3) representatives of the United States--
``(A) have made a complete search of the
area where the person was last seen (unless,
after making a good faith effort to obtain
access to such area, such representatives are
not granted such access); and
``(B) have examined the records of the
government or entity having control over the
area where the person was last seen (unless,
after making a good faith effort to obtain
access to such records, such representatives
are not granted such access).
``(b) Submittal of Information on Death.--If a board
appointed under section 1503, 1504, or 1505 of this title makes
a recommendation that a missing person be declared dead, the
board shall include in the report of the board with respect to
the person under that section the following:
``(1) A detailed description of the location where
the death occurred.
``(2) A statement of the date on which the death
occurred.
``(3) A description of the location of the body, if
recovered.
``(4) If the body has been recovered and is not
identifiable through visual means, a certification by a
practitioner of an appropriate forensic science that
the body recovered is that of the missing person.
``Sec. 1508. Judicial review
``(a) Right of Review.--A person who is the primary next of
kin (or the previously designated person) of a person who is
the subject of a finding described in subsection (b) may obtain
judicial review in a United States district court of that
finding, but only on the basis of a claim that there is
information that could affect the status of the missing
person's case that was not adequately considered during the
administrative review process under this chapter. Any such
review shall be as provided in section 706 of title 5.
``(b) Findings For Which Judicial Review May be Sought.--
Subsection (a) applies to the following findings:
``(1) A finding by a board appointed under section
1504 or 1505 of this title that a missing person is
dead.
``(2) A finding by a board appointed under section
1509 of this title that confirms that a missing person
formerly declared dead is in fact dead.
``(c) Subsequent Review.--Appeals from a decision of the
district court shall be taken to the appropriate United States
court of appeals and to the Supreme Court as provided by law.
``Sec. 1509. Preenactment, special interest cases
``(a) Review of Status.--In the case of an unaccounted for
person covered by section 1501(c) of this title who is
described in subsection (b), if new information that could
change the status of that person is found or received by a
United States intelligence agency, by a Department of Defense
agency, or by a person specified in section 1504(g) of this
title, that information shall be provided to the Secretary of
Defense with a request that the Secretary evaluate the
information in accordance with sections 1505(c) and 1505(d) of
this title.
``(b) Cases Eligible for Review.--The cases eligible for
review under this section are the following:
``(1) With respect to the Korean conflict, any
unaccounted for person who was classified as a prisoner
of war or as missing in action during that conflict and
who (A) was known to be or suspected to be alive at the
end of that conflict, or (B) was classified as missing
in action and whose capture was possible.
``(2) With respect to the Cold War, any unaccounted
person who was engaged in intelligence operations (such
as aerial ``ferret'' reconnaissance missions over and
around the Soviet Union and China) during the Cold War.
``(3) With respect to Indochina war era, any
unaccounted for person who was classified as a prisoner
of war or as missing in action during the Indochina
conflict.
``(c) Special Rule for Persons Classified as `KIA/BNR'.--In
the case of a person described in subsection (b) who was
classified as `killed in action/body not recovered', the case
of that person may be reviewed under this section only if the
new information referred to in subsection (a) is compelling.
``(d) Definitions.--In this section:
``(1) The term `Korean conflict' means the period
beginning on June 27, 1950, and ending on January 31,
1955.
``(2) The term `Cold War' means the period
beginning on September 2, 1945, and ending on August
21, 1991.
``(3) The term `Indochina war era' means the period
beginning on July 8, 1959, and ending on May 15, 1975.
``Sec. 1510. Applicability to Coast Guard
``(a) Designated Officer To Have Responsibility.--The
Secretary of Transportation shall designate an officer of the
Department of Transportation to have responsibility within the
Department of Transportation for matters relating to missing
persons who are members of the Coast Guard.
``(b) Procedures.--The Secretary of Transportation shall
prescribe procedures for the determination of the status of
persons described in section 1501(c) of this title who are
members of the Coast Guard and for the collection, analysis,
review, and update of information on such persons. To the
maximum extent practicable, the procedures prescribed under
this section shall be similar to the procedures prescribed by
the Secretary of Defense under section 1501(b) of this title.
``Sec. 1511. Return alive of person declared missing or dead
``(a) Pay and Allowances.--Any person (except for a person
subsequently determined to have been absent without leave or a
deserter) in a missing status or declared dead under subchapter
VII of chapter 55 of title 5 or chapter 10 of title 37 or by a
board appointed under this chapter who is found alive and
returned to the control of the United States shall be paid for
the full time of the absence of the person while given that
status or declared dead under the law and regulations relating
to the pay and allowances of persons returning from a missing
status.
``(b) Effect on Gratuities Paid as a Result of Status.--
Subsection (a) shall not be interpreted to invalidate or
otherwise affect the receipt by any person of a death gratuity
or other payment from the United States on behalf of a person
referred to in subsection (a) before the date of the enactment
of this chapter.
``Sec. 1512. Effect on State law
``(a) Nonpreemption of State Authority.--Nothing in this
chapter shall be construed to invalidate or limit the power of
any State court or administrative entity, or the power of any
court or administrative entity of any political subdivision
thereof, to find or declare a person dead for purposes of such
State or political subdivision.
``(b) State Defined.--In this section, the term `State'
includes the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
``Sec. 1513. Definitions
``In this chapter:
``(1) The term `missing person' means--
``(A) a member of the armed forces on
active duty who is in a missing status; or
``(B) a civilian employee of the Department
of Defense or an employee of a contractor of
the Department of Defense who serves with or
accompanies the armed forces in the field under
orders and who is in a missing status.
``(2) The term `missing status' means the status of
a missing person who is determined to be absent in a
category of any of the following:
``(A) Missing.
``(B) Missing in action.
``(C) Interned in a foreign country.
``(D) Captured.
``(E) Beleaguered.
``(F) Besieged.
``(G) Detained in a foreign country against
that person's will.
``(3) The term `accounted for', with respect to a
person in a missing status, means that--
``(A) the person is returned to United
States control alive;
``(B) the remains of the person are
recovered and, if not identifiable through
visual means as those of the missing person,
are identified as those of the missing person
by a practitioner of an appropriate forensic
science; or
``(C) credible evidence exists to support
another determination of the person's status.
``(4) The term `primary next of kin', in the case
of a missing person, means the individual authorized to
direct disposition of the remains of the person under
section 1482(c) of this title.
``(5) The term `member of the immediate family', in
the case of a missing person, means the following:
``(A) The spouse of the person.
``(B) A natural child, adopted child, step
child, or illegitimate child (if acknowledged
by the person or parenthood has been
established by a court of competent
jurisdiction) of the person, except that if
such child has not attained the age of 18
years, the term means a surviving parent or
legal guardian of such child.
``(C) A biological parent of the person,
unless legal custody of the person by the
parent has been previously terminated by reason
of a court decree or otherwise under law and
not restored.
``(D) A brother or sister of the person, if
such brother or sister has attained the age of
18 years.
``(E) Any other blood relative or adoptive
relative of the person, if such relative was
given sole legal custody of the person by a
court decree or otherwise under law before the
person attained the age of 18 years and such
custody was not subsequently terminated before
that time.
``(6) The term `previously designated person', in
the case of a missing person, means an individual
designated by the person under section 655 of this
title for purposes of this chapter.
``(7) The term `classified information' means any
information the unauthorized disclosure of which (as
determined under applicable law and regulations) could
reasonably be expected to damage the national
security.<greek-l> any information determined as such
under applicable laws and regulations of the United
States. deg.
``(8) The term `theater component commander' means,
with respect to any of the combatant commands, an
officer of any of the armed forces who (A) is commander
of all forces of that armed force assigned to that
combatant command, and (B) is directly subordinate to
the commander of the combatant command.''.
(2) The tables of chapters at the beginning of subtitle A,
and at the beginning of part II of subtitle A, of title 10,
United States Code, are amended by inserting after the item
relating to chapter 75 the following new item:
``76. Missing Persons............................................1501''.
(c) Conforming Amendments.--Chapter 10 of title 37, United
States Code, is amended as follows:
(1) Section 555 is amended--
(A) in subsection (a), by striking out
``When a member'' and inserting in lieu thereof
``Except as provided in subsection (d), when a
member''; and
(B) by adding at the end the following new
subsection:
``(d) This section does not apply in a case to which
section 1502 of title 10 applies.''.
(2) Section 552 is amended--
(A) in subsection (a), by striking out
``for all purposes,'' in the second sentence of
the matter following paragraph (2) and all that
follows through the end of the sentence and
inserting in lieu thereof ``for all
purposes.'';
(B) in subsection (b), by inserting ``or
under chapter 76 of title 10'' before the
period at the end; and
(C) in subsection (e), by inserting ``or
under chapter 76 of title 10'' after ``section
555 of this title''.
(3) Section 553 is amended--
(A) in subsection (f), by striking out
``the date the Secretary concerned receives
evidence that'' and inserting in lieu thereof
``the date on which, in a case covered by
section 555 of this title, the Secretary
concerned receives evidence, or, in a case
covered by chapter 76 of title 10, the
Secretary concerned determines pursuant to that
chapter, that''; and
(B) in subsection (g), by inserting ``or
under chapter 76 of title 10'' after ``section
555 of this title''.
(4) Section 556 is amended--
(A) in subsection (a), by inserting after
paragraph (7) the following:
``Paragraphs (1), (5), (6), and (7) only apply with respect to
a case to which section 555 of this title applies.'';
(B) in subsection (b), by inserting ``, in
a case to which section 555 of this title
applies,'' after ``When the Secretary
concerned''; and
(C) in subsection (h)--
(i) in the first sentence, by
striking out ``status'' and inserting
in lieu thereof ``pay''; and
(ii) in the second sentence, by
inserting ``in a case to which section
555 of this title applies'' after
``under this section''.
(d) Designation of Persons Having Interest in Status of
Service Members.--(1) Chapter 37 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 655. Designation of persons having interest in status of a
missing member
``(a) The Secretary concerned shall, upon the enlistment or
appointment of a person in the armed forces, require that the
person specify in writing the person or persons, if any, other
than that person's primary next of kin or immediate family, to
whom information on the whereabouts and status of the member
shall be provided if such whereabouts and status are
investigated under chapter 76 of this title. The Secretary
shall periodically, and whenever the member is deployed as part
of a contingency operation or in other circumstances specified
by the Secretary, require that such designation be reconfirmed,
or modified, by the member.
``(b) The Secretary concerned shall, upon the request of a
member, permit the member to revise the person or persons
specified by the member under subsection (a) at any time. Any
such revision shall be in writing.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``655. Designation of persons having interest in status of a missing
member.''.
(e) Accounting for Civilian Employee and Contractors of the
United States.--(1) The Secretary of State shall carry out a
comprehensive study of the provisions of subchapter VII of
chapter 55 of title 5, United States Code (commonly referred to
as the ``Missing Persons Act of 1942) (5 U.S.C. 5561 et seq.)
and any other law or regulation establishing procedures for the
accounting for of civilian employees of the United States or
contractors of the United States who serve with or accompany
the Armed Forces in the field. The purpose of the study shall
be to determine the means, if any, by which those procedures
may be improved.
(2) The Secretary of State shall carry out the study
required under paragraph (1) in consultation with the Secretary
of Defense, the Secretary of Transportation, the Director of
Central Intelligence, and the heads of such other departments
and agencies of the United States as the President designates
for that purpose.
(3) In carrying out the study, the Secretary of State shall
examine the procedures undertaken when a civilian employee
referred to in paragraph (1) becomes involuntarily absent as a
result of a hostile action, or under circumstances suggesting
that the involuntary absence is a result of a hostile action,
and whose status is undetermined or who is unaccounted for,
including procedures for--
(A) search and rescue for the employee;
(B) determining the status of the employee;
(C) reviewing and changing the status of the
employee;
(D) determining the rights and benefits accorded to
the family of the employee; and
(E) maintaining and providing appropriate access to
the records of the employee and the investigation into
the status of the employee.
(4) Not later than one year after the date of the enactment
of this Act, the Secretary of State shall submit to the
Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a report on
the study carried out by the Secretary under this subsection.
The report shall include the recommendations, if any, of the
Secretary for legislation to improve the procedures covered by
the study.
SEC. 570. ASSOCIATE DIRECTOR OF CENTRAL INTELLIGENCE FOR MILITARY
SUPPORT.
Section 102 of the National Security Act of 1947 (50 U.S.C.
403) is amended by adding at the end the following:
``(e) In the event that neither the Director nor Deputy
Director of Central Intelligence is a commissioned officer of
the Armed Forces, a commissioned officer of the Armed Forces
appointed to the position of Associate Director of Central
Intelligence for Military Support, while serving in such
position, shall not be counted against the numbers and
percentages of commissioned officers of the rank and grade of
such officer authorized for the armed force of which such
officer is a member.''.
Subtitle G--Support for Non-Department of Defense Activities
SEC. 571. REPEAL OF CERTAIN CIVIL-MILITARY PROGRAMS.
(a) Repeal of Civil-Military Cooperative Action Program.--
The following provisions of law are repealed:
(1) Section 410 of title 10, United States Code.
(2) Section 1081(a) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 10 U.S.C. 410 note).
(b) Repeal of Related Provision.--Section 1045 of the
National Defense Authorization Act for Fiscal Year 1993 (Public
Law 102-484; 10 U.S.C. 410 note), relating to a pilot outreach
program to reduce demand for illegal drugs, is repealed.
(c) Technical and Conforming Amendments.--Chapter 20 of
title 10, United States Code, is amended--
(1) by striking out the table of subchapters after
the chapter heading;
(2) by striking out the subchapter heading for
subchapter I; and
(3) by striking out the subchapter heading for
subchapter II and the table of sections following that
subchapter heading.
SEC. 572. TRAINING ACTIVITIES RESULTING IN INCIDENTAL SUPPORT AND
SERVICES FOR ELIGIBLE ORGANIZATIONS AND ACTIVITIES
OUTSIDE THE DEPARTMENT OF DEFENSE.
(a) In General.--(1) Chapter 101 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2012. Support and services for eligible organizations and
activities outside Department of Defense
``(a) Authority To Provide Services and Support.--Under
regulations prescribed by the Secretary of Defense, the
Secretary of a military department may in accordance with this
section authorize units or individual members of the armed
forces under that Secretary's jurisdiction to provide support
and services to non-Department of Defense organizations and
activities specified in subsection (e), but only if--
``(1) such assistance is authorized by a provision
of law (other than this section); or
``(2) the provision of such assistance is
incidental to military training.
``(b) Scope of Covered Activities Subject to Section.--This
section does not--
``(1) apply to the provision by the Secretary
concerned, under regulations prescribed by the
Secretary of Defense, of customary community relations
and public affairs activities conducted in accordance
with Department of Defense policy; or
``(2) prohibit the Secretary concerned from
encouraging members of the armed forces under the
Secretary's jurisdiction to provide volunteer support
for community relations activities under regulations
prescribed by the Secretary of Defense.
``(c) Requirement for Specific Request.--Assistance under
subsection (a) may only be provided if--
``(1) the assistance is requested by a responsible
official of the organization to which the assistance is
to be provided; and
``(2) the assistance is not reasonably available
from a commercial entity or (if so available) the
official submitting the request for assistance
certifies that the commercial entity that would
otherwise provide such services has agreed to the
provision of such services by the armed forces.
``(d) Relationship to Military Training.--(1) Assistance
under subsection (a) may only be provided if the following
requirements are met:
``(A) The provision of such assistance--
``(i) in the case of assistance by a unit,
will accomplish valid unit training
requirements; and
``(ii) in the case of assistance by an
individual member, will involve tasks directly
related to the specific military occupational
specialty of the member.
``(B) The provision of such assistance will not
adversely affect the quality of training or otherwise
interfere with the ability of a member or unit of the
armed forces to perform the military functions of the
member or unit.
``(C) The provision of such assistance will not
result in a significant increase in the cost of the
training.
``(2) Subparagraph (A)(i) of paragraph (1) does not apply
in a case in which the assistance to be provided consists
primarily of military manpower and the total amount of such
assistance in the case of a particular project does not exceed
100 man-hours.
``(e) Eligible Entities.--The following organizations and
activities are eligible for assistance under this section:
``(1) Any Federal, regional, State, or local
governmental entity.
``(2) Youth and charitable organizations specified
in section 508 of title 32.
``(3) Any other entity as may be approved by the
Secretary of Defense on a case-by-case basis.
``(f) Regulations.--The Secretary of Defense shall
prescribe regulations governing the provision of assistance
under this section. The regulations shall include the
following:
``(1) Rules governing the types of assistance that
may be provided.
``(2) Procedures governing the delivery of
assistance that ensure, to the maximum extent
practicable, that such assistance is provided in
conjunction with, rather than separate from, civilian
efforts.
``(3) Procedures for appropriate coordination with
civilian officials to ensure that the assistance--
``(A) meets a valid need; and
``(B) does not duplicate other available
public services.
``(4) Procedures to ensure that Department of
Defense resources are not applied exclusively to the
program receiving the assistance.
``(g) Advisory Councils.--(1) The Secretary of Defense
shall encourage the establishment of advisory councils at
regional, State, and local levels, as appropriate, in order to
obtain recommendations and guidance concerning assistance under
this section from persons who are knowledgeable about regional,
State, and local conditions and needs.
``(2) The advisory councils should include officials from
relevant military organizations, representatives of appropriate
local, State, and Federal agencies, representatives of civic
and social service organizations, business representatives, and
labor representatives.
``(3) The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to such councils.
``(h) Construction of Provision.--Nothing in this section
shall be construed as authorizing--
``(1) the use of the armed forces for civilian law
enforcement purposes or for response to natural or
manmade disasters; or
``(2) the use of Department of Defense personnel or
resources for any program, project, or activity that is
prohibited by law.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2012. Support and services for eligible organizations and activities
outside Department of Defense.''.
SEC. 573. NATIONAL GUARD CIVILIAN YOUTH OPPORTUNITIES PILOT PROGRAM.
(a) Termination.--The authority under subsection (a) of
section 1091 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 32 U.S.C. 501 note) to
carry out a pilot program under that section is hereby
continued through the end of the 18-month period beginning on
the date of the enactment of this Act and such authority shall
terminate as of the end of that period.
(b) Limitation on Number of Programs.--During the period
beginning on the date of the enactment of this Act and ending
on the termination of the pilot program under subsection (a),
the number of programs carried out under subsection (d) of that
section as part of the pilot program may not exceed the number
of such programs as of September 30, 1995.
SEC. 574. TERMINATION OF FUNDING FOR OFFICE OF CIVIL-MILITARY PROGRAMS
IN OFFICE OF THE SECRETARY OF DEFENSE.
No funds may be obligated or expended after the date of the
enactment of this Act (1) for the office that as of the date of
the enactment of this Act is designated, within the Office of
the Assistant Secretary of Defense for Reserve Affairs, as the
Office of Civil-Military Programs, or (2) for any other entity
within the Office of the Secretary of Defense that has an
exclusive or principal mission of providing centralized
direction for activities under section 2012 of title 10, United
States Code, as added by section 572.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1996.
(a) Waiver of Section 1009 Adjustment.--Any adjustment
required by section 1009 of title 37, United States Code, in
elements of compensation of members of the uniformed services
to become effective during fiscal year 1996 shall not be made.
(b) Increase in Basic Pay and BAS.--Effective on January 1,
1996, the rates of basic pay and basic allowance for
subsistence of members of the uniformed services are increased
by 2.4 percent.
(c) Increase in BAQ.--Effective on January 1, 1996, the
rates of basic allowance for quarters of members of the
uniformed services are increased by 5.2 percent.
SEC. 602. LIMITATION ON BASIC ALLOWANCE FOR SUBSISTENCE FOR MEMBERS
RESIDING WITHOUT DEPENDENTS IN GOVERNMENT QUARTERS.
(a) Percentage Limitation.--Subsection (b) of section 402
of title 37, United States Code, is amended by adding after the
last sentence the following new paragraph:
``(4) In the case of enlisted members of the Army, Navy,
Air Force, or Marine Corps who, when present at their permanent
duty station, reside without dependents in Government quarters,
the Secretary concerned may not provide a basic allowance for
subsistence to more than 12 percent of such members under the
jurisdiction of the Secretary concerned. The Secretary
concerned may exceed such percentage if the Secretary
determines that compliance would increase costs to the
Government, would impose financial hardships on members
otherwise entitled to a basic allowance for subsistence, or
would reduce the quality of life for such members. This
paragraph shall not apply to members described in the first
sentence when the members are not residing at their permanent
duty station. The Secretary concerned shall achieve the
percentage limitation specified in this paragraph as soon as
possible after the date of the enactment of this paragraph, but
in no case later than September 30, 1996.''.
(b) Stylistic Amendments.--Such subsection is further
amended--
(1) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C);
(2) by inserting ``(1)'' after ``(b)'';
(3) by designating the text composed of the second,
third, and fourth sentences as paragraph (2); and
(4) by designating the text composed of the fifth
and sixth sentences as paragraph (3).
(c) Conforming Amendments.--(1) Subsection (e) of such
section is amended--
(A) in paragraph (1), by striking out ``the third
sentence of subsection (b)'' and inserting in lieu
thereof ``subsection (b)(2)''; and
(B) in paragraph (2), by striking out ``subsection
(b)'' and inserting in lieu thereof ``subsection
(b)(2)''.
(2) Section 1012 of title 37, United States Code, is
amended by striking out ``the last sentence of section 402(b)''
and inserting in lieu thereof ``section 402(b)(3)''.
(d) Report Required.--Not later than March 31, 1996, the
Secretary of Defense shall submit to Congress a report
identifying, for the Army, Navy, Air Force, and Marine Corps--
(1) the number of members who reside without
dependents in Government quarters at their permanent
duty stations and receive a basic allowance for
subsistence under section 402 of title 37, United
States Code;
(2) such number as a percentage of the total number
of members who reside without dependents in Government
quarters;
(3) a recommended maximum percentage of the members
residing without dependents in Government quarters at
their permanent duty station who should receive a basic
allowance for subsistence; and
(4) the reasons such maximum percentage is
recommended.
SEC. 603. ELECTION OF BASIC ALLOWANCE FOR QUARTERS INSTEAD OF
ASSIGNMENT TO INADEQUATE QUARTERS.
(a) Election Authorized.--Section 403(b) of title 37,
United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by designating the second sentence as paragraph
(2) and, as so designated, by striking out ``However,
subject'' and inserting in lieu thereof ``Subject'';
and
(3) by adding at the end the following new
paragraph:
``(3) A member without dependents who is in pay grade E-6
and who is assigned to quarters of the United States that do
not meet the minimum adequacy standards established by the
Department of Defense for members in such pay grade, or to a
housing facility under the jurisdiction of a uniformed service
that does not meet such standards, may elect not to occupy such
quarters or facility and instead to receive the basic allowance
for quarters prescribed for the member's pay grade by this
section.''.
(b) Effective Date.--The amendments made by this section
shall take effect on July 1, 1996.
SEC. 604. PAYMENT OF BASIC ALLOWANCE FOR QUARTERS TO MEMBERS IN PAY
GRADE E-6 WHO ARE ASSIGNED TO SEA DUTY.
(a) Payment Authorized.--Section 403(c)(2) of title 37,
United States Code, is amended--
(1) in the first sentence, by striking out ``E-7''
and inserting in lieu thereof ``E-6''; and
(2) in the second sentence, by striking out ``E-6''
and inserting in lieu thereof ``E-5''.
(b) Effective Date.--The amendments made by this section
shall take effect on July 1, 1996.
SEC. 605. LIMITATION ON REDUCTION OF VARIABLE HOUSING ALLOWANCE FOR
CERTAIN MEMBERS.
(a) Limitation on Reduction in VHA.--(1) Subsection (c)(3)
of section 403a of title 37, United States Code, is amended by
adding at the end the following new sentence: ``However, so
long as a member of a uniformed service retains uninterrupted
eligibility to receive a variable housing allowance within an
area and the member's certified housing costs are not reduced
(as indicated by certifications provided by the member under
subsection (b)(4)), the monthly amount of a variable housing
allowance under this section for the member within that area
may not be reduced as a result of systematic adjustments
required by changes in housing costs within that area.''.
(2) The amendment made by paragraph (1) shall apply for
fiscal years after fiscal year 1995.
(b) Effect on Total Amount Available for VHA.--Subsection
(d)(3) of such section is amended by inserting after the first
sentence the following new sentence: ``In addition, the total
amount determined under paragraph (1) shall be adjusted to
ensure that sufficient amounts are available to allow payment
of any additional amounts of variable housing allowance
necessary as a result of the requirements of the second
sentence of subsection (c)(3).''.
(c) Report on Implementation.--Not later than June 1, 1996,
the Secretary of Defense shall submit to Congress a report
describing the procedures to be used to implement the
amendments made by this section and the costs of such
amendments.
(d) Resolving VHA Inadequacies in High Housing Cost
Areas.--If the Secretary of Defense determines that, despite
the amendments made by this section, inadequacies exist in the
provision of variable housing allowances under section 403a of
title 37, United States Code, the Secretary shall submit to
Congress a report containing a legislative proposal to address
the inadequacies. The Secretary shall make the determination
required by this subsection and submit the report, if
necessary, not later than May 31, 1996.
SEC. 606. CLARIFICATION OF LIMITATION ON ELIGIBILITY FOR FAMILY
SEPARATION ALLOWANCE.
Section 427(b)(4) of title 37, United States Code, is
amended in the first sentence by inserting ``paragraph (1)(A)
of'' after ``not entitled to an allowance under''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(f)
of title 37, United States Code, is amended by striking out
``September 30, 1996'' and inserting in lieu thereof
``September 30, 1997''.
(b) Selected Reserve Enlistment Bonus.--Section 308c(e) of
title 37, United States Code, is amended by striking out
``September 30, 1996'' and inserting in lieu thereof
``September 30, 1997''.
(c) Selected Reserve Affiliation Bonus.--Section 308e(e) of
title 37, United States Code, is amended by striking out
``September 30, 1996'' and inserting in lieu thereof
``September 30, 1997''.
(d) Ready Reserve Enlistment and Reenlistment Bonus.--
Section 308h(g) of title 37, United States Code, is amended by
striking out ``September 30, 1996'' and inserting in lieu
thereof ``September 30, 1997''.
(e) Prior Service Enlistment Bonus.--Section 308i(i) of
title 37, United States Code, is amended by striking out
``September 30, 1996'' and inserting in lieu thereof
``September 30, 1997''.
SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY FOR NURSE
OFFICER CANDIDATES, REGISTERED NURSES, AND NURSE
ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking out ``September 30, 1996'' and inserting in lieu
thereof ``September 30, 1997''.
(b) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking out ``September 30, 1996'' and inserting in lieu
thereof ``September 30, 1997''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by
striking out ``September 30, 1996'' and inserting in lieu
thereof ``September 30, 1997''.
SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAYMENT OF OTHER BONUSES
AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of
title 37, United States Code, is amended by striking out
``September 30, 1995,'' and inserting in lieu thereof
``September 30, 1997''.
(b) Reenlistment Bonus for Active Members.--Section 308(g)
of title 37, United States Code, is amended by striking out
``September 30, 1996'' and inserting in lieu thereof
``September 30, 1997''.
(c) Enlistment Bonuses for Critical Skills.--Sections
308a(c) and 308f(c) of title 37, United States Code, are each
amended by striking out ``September 30, 1996'' and inserting in
lieu thereof ``September 30, 1997''.
(d) Special Pay for Enlisted Members of the Selected
Reserve Assigned to Certain High Priority Units.--Section
308d(c) of title 37, United States Code, is amended by striking
out ``September 30, 1996'' and inserting in lieu thereof
``September 30, 1997''.
(e) Special Pay for Nuclear Qualified Officers Extending
Period of Active Service.--Section 312(e) of title 37, United
States Code, is amended by striking out ``September 30, 1996''
and inserting in lieu thereof ``September 30, 1997''.
(f) Nuclear Career Accession Bonus.--Section 312b(c) of
title 37, United States Code, is amended by striking out
``September 30, 1996'' and inserting in lieu thereof
``September 30, 1997''.
(g) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of title 37, United States Code, is amended by striking out
``October 1, 1996'' and inserting in lieu thereof ``October 1,
1997''.
(h) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of title 10, United States Code, is amended by
striking out ``October 1, 1996'' and inserting in lieu thereof
``October 1, 1997''.
(i) Coverage of Period of Lapsed Agreement Authority.--(1)
In the case of an officer described in section 301b(b) of title
37, United States Code, who executes an agreement described in
paragraph (2) during the 90-day period beginning on the date of
the enactment of this Act, the Secretary concerned may treat
the agreement for purposes of the retention bonus authorized
under the agreement as having been executed and accepted on the
first date on which the officer would have qualified for such
an agreement had the amendment made by subsection (a) taken
effect on October 1, 1995.
(2) An agreement referred to in this subsection is a
service agreement with the Secretary concerned that is a
condition for the payment of a retention bonus under section
301b of title 37, United States Code.
(3) For purposes of this subsection, the term ``Secretary
concerned'' has the meaning given that term in section 101(5)
of title 37, United States Code.
SEC. 614. CODIFICATION AND EXTENSION OF SPECIAL PAY FOR CRITICALLY
SHORT WARTIME HEALTH SPECIALISTS IN THE SELECTED
RESERVES.
(a) Special Pay Authorized.--(1) Chapter 5 of title 37,
United States Code, is amended by inserting after section 302f
the following new section:
``Sec. 302g. Special pay: Selected Reserve health care professionals in
critically short wartime specialties
``(a) Special Pay Authorized.--An officer of a reserve
component of the armed forces described in subsection (b) who
executes a written agreement under which the officer agrees to
serve in the Selected Reserve of an armed force for a period of
not less than one year nor more than three years, beginning on
the date the officer accepts the award of special pay under
this section, may be paid special pay at an annual rate not to
exceed $10,000.
``(b) Eligible Officers.--An officer referred to in
subsection (a) is an officer in a health care profession who is
qualified in a specialty designated by regulations as a
critically short wartime specialty.
``(c) Time for Payment.--Special pay under this section
shall be paid annually at the beginning of each twelve-month
period for which the officer has agreed to serve.
``(d) Refund Requirement.--An officer who voluntarily
terminates service in the Selected Reserve of an armed force
before the end of the period for which a payment was made to
such officer under this section shall refund to the United
States the full amount of the payment made for the period on
which the payment was based.
``(e) Inapplicability of Discharge in Bankruptcy.--A
discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an agreement under
this section does not discharge the person receiving special
pay under the agreement from the debt arising under the
agreement.
``(f) Termination of Agreement Authority.--No agreement
under this section may be entered into after September 30,
1997.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 302f
the following new item:
``302g. Special pay: Selected Reserve health care professionals in
critically short wartime specialties.''.
(b) Conforming Amendment.--Section 303a of title 37, United
States Code is amended by striking out ``302, 302a, 302b, 302c,
302d, 302e,'' each place it appears and inserting in lieu
thereof ``302 through 302g,''.
(c) Conforming Repeal.--(1) Section 613 of the National
Defense Authorization Act, Fiscal Year 1989 (Public Law 100-
456; 37 U.S.C. 302 note) is repealed.
(2) The provisions of section 613 of the National Defense
Authorization Act, Fiscal Year 1989, as in effect on the day
before the date of the enactment of this Act, shall continue to
apply to agreements entered into under such section before such
date.
SEC. 615. HAZARDOUS DUTY INCENTIVE PAY FOR WARRANT OFFICERS AND
ENLISTED MEMBERS SERVING AS AIR WEAPONS
CONTROLLERS.
(a) Inclusion of Additional Members.--Subsection (a)(11) of
section 301 of title 37, United States Code, is amended by
striking out ``an officer (other than a warrant officer)'' and
inserting in lieu thereof ``a member''.
(b) Calculation of Hazardous Duty Incentive Pay.--The table
in subparagraph (A) of subsection (c)(2) of such section is
amended to read as follows:
----------------------------------------------------------------------------------------------------------------
Years of service as an air weapons controller
----------------------------------------------------------------------------------
``Pay grade 2 or
less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10
----------------------------------------------------------------------------------------------------------------
``O-7 and above.............. $200 $200 $200 $200 $200 $200 $200
``O-6........................ 225 250 300 325 350 350 350
``O-5........................ 200 250 300 325 350 350 350
``O-4........................ 175 225 275 300 350 350 350
``O-3........................ 125 156 188 206 350 350 350
``O-2........................ 125 156 188 206 250 300 300
``O-1........................ 125 156 188 206 250 250 250
``W-4........................ 200 225 275 300 325 325 325
``W-3........................ 175 225 275 300 325 325 325
``W-2........................ 150 200 250 275 325 325 325
``W-1........................ 100 125 150 175 325 325 325
``E-9........................ 200 225 250 275 300 300 300
``E-8........................ 200 225 250 275 300 300 300
``E-7........................ 175 200 225 250 275 275 275
``E-6........................ 156 175 200 225 250 250 250
``E-5........................ 125 156 175 188 200 200 200
``E-4 and below.............. 125 156 175 188 200 200 200
----------------------------------------------------------------------------------
Over 12 Over 14 Over 16 Over 18 Over 20 Over 22 Over 24 Over 25
----------------------------------------------------------------------------------
``O-7 and above.............. $200 $200 $200 $200 $200 $200 $200 $110
``O-6........................ 350 350 350 350 300 250 250 225
``O-5........................ 350 350 350 350 300 250 250 225
``O-4........................ 350 350 350 350 300 250 250 225
``O-3........................ 350 350 350 300 275 250 225 200
``O-2........................ 300 300 300 275 245 210 200 180
``O-1........................ 250 250 250 245 210 200 180 150
``W-4........................ 325 325 325 325 276 250 225 200
``W-3........................ 325 325 325 325 325 250 225 200
``W-2........................ 325 325 325 325 275 250 225 200
``W-1........................ 325 325 325 325 275 250 225 200
``E-9........................ 300 300 300 300 275 230 200 200
``E-8........................ 300 300 300 300 265 230 200 200
``E-7........................ 300 300 300 300 265 230 200 200
``E-6........................ 300 300 300 300 265 230 200 200
``E-5........................ 250 250 250 250 225 200 175 150
``E-4 and below.............. 200 200 200 200 175 150 125 125''.
----------------------------------------------------------------------------------------------------------------
(c) Conforming Amendments.--Subsection (c)(2) of such
section is further amended--
(1) by striking out ``an officer'' each place it
appears and inserting in lieu thereof ``a member''; and
(2) by striking out ``the officer'' each place it
appears and inserting in lieu thereof ``the member''.
SEC. 616. AVIATION CAREER INCENTIVE PAY.
(a) Years of Operational Flying Duties Required.--Paragraph
(4) of section 301a(a) of title 37, United States Code, is
amended in the first sentence by striking out ``9'' and
inserting in lieu thereof ``8''.
(b) Exercise of Waiver Authority.--Paragraph (5) of such
section is amended by inserting after the second sentence the
following new sentence: ``The Secretary concerned may not
delegate the authority in the preceding sentence to permit the
payment of incentive pay under this subsection.''.
SEC. 617. CLARIFICATION OF AUTHORITY TO PROVIDE SPECIAL PAY FOR NURSES.
Section 302c(d)(1) of title 37, United States Code, is
amended--
(1) by striking out ``or'' after ``Air Force,'';
and
(2) by inserting before the semicolon the
following: ``, an officer of the Nurse Corps of the
Army or Navy, or an officer of the Air Force designated
as a nurse''.
SEC. 618. CONTINUOUS ENTITLEMENT TO CAREER SEA PAY FOR CREW MEMBERS OF
SHIPS DESIGNATED AS TENDERS.
Subparagraph (A) of section 305a(d)(1) of title 37, United
States Code, is amended to read as follows:
``(A) while permanently or temporarily assigned to
a ship, ship-based staff, or ship-based aviation unit
and--
``(i) while serving on a ship the primary
mission of which is accomplished while under
way;
``(ii) while serving as a member of the
off-crew of a two-crewed submarine; or
``(iii) while serving as a member of a
tender-class ship (with the hull classification
of submarine or destroyer); or''.
SEC. 619. INCREASE IN MAXIMUM RATE OF SPECIAL DUTY ASSIGNMENT PAY FOR
ENLISTED MEMBERS SERVING AS RECRUITERS.
(a) Special Maximum Rate for Recruiters.--Section 307(a) of
title 37, United States Code, is amended by adding at the end
the following new sentence: ``In the case of a member who is
serving as a military recruiter and is eligible for special
duty assignment pay under this subsection on account of such
duty, the Secretary concerned may increase the monthly rate of
special duty assignment pay for the member to not more than
$375.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 1996.
Subtitle C--Travel and Transportation Allowances
SEC. 621. REPEAL OF REQUIREMENT REGARDING CALCULATION OF ALLOWANCES ON
BASIS OF MILEAGE TABLES.
Section 404(d)(1)(A) of title 37, United States Code, is
amended by striking out ``, based on distances established over
the shortest usually traveled route, under mileage tables
prepared under the direction of the Secretary of Defense''.
SEC. 622. DEPARTURE ALLOWANCES.
(a) Eligibility When Evacuation Authorized But Not
Ordered.--Section 405a(a) of title 37, United States Code, is
amended by striking out ``ordered'' each place it appears and
inserting in lieu thereof ``authorized or ordered''.
(b) Application of Amendment.--The amendment made by
subsection (a) shall apply with respect to persons authorized
or ordered to depart as described in section 405a(a) of title
37, United States Code, on or after October 1, 1995.
SEC. 623. TRANSPORTATION OF NONDEPENDENT CHILD FROM MEMBER'S STATION
OVERSEAS AFTER LOSS OF DEPENDENT STATUS WHILE
OVERSEAS.
Section 406(h)(1) of title 37, United States Code, is
amended in the last sentence--
(1) by striking out ``who became 21 years of age''
and inserting in lieu thereof ``who, by reason of age
or graduation from (or cessation of enrollment in) an
institution of higher education, would otherwise cease
to be a dependent of the member''; and
(2) by inserting ``still'' after ``shall''.
SEC. 624. AUTHORIZATION OF DISLOCATION ALLOWANCE FOR MOVES IN
CONNECTION WITH BASE REALIGNMENTS AND CLOSURES.
(a) Dislocation Allowance Authorized.--Subsection (a) of
section 407 of title 37, United States Code, is amended--
(1) by striking out ``or'' at the end of paragraph
(3);
(2) by striking out the period at the end of
paragraph (4)(B) and inserting in lieu thereof ``;
or''; and
(3) by inserting after paragraph (4)(B) the
following new paragraph:
``(5) the member is ordered to move in connection
with the closure or realignment of a military
installation and, as a result, the member's dependents
actually move or, in the case of a member without
dependents, the member actually moves.''.
(b) Conforming Amendments.--(1) The last sentence of such
subsection is amended--
(A) by striking out ``clause (3) or (4)(B)'' and
inserting in lieu thereof ``paragraph (3) or (4)(B)'';
and
(B) by striking out ``clause (1)'' and inserting in
lieu thereof ``paragraph (1) or (5)''.
(2) Subsection (b) of such section is amended--
(A) by striking out ``subsection (a)(3) or
(a)(4)(B)'' in the first sentence and inserting in lieu
thereof ``paragraph (3) or (4)(B) of subsection (a)'';
and
(B) by striking out ``subsection (a)(1)'' in the
second sentence and inserting in lieu thereof
``paragraph (1) or (5) of subsection (a)''.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
SEC. 631. EFFECTIVE DATE FOR MILITARY RETIREE COST-OF-LIVING
ADJUSTMENTS FOR FISCAL YEARS 1996, 1997, AND 1998.
(a) Adjustment of Effective Dates.--Subparagraph (B) of
section 1401a(b)(2) of title 10, United States Code, is amended
to read as follows:
``(B) Special rules for fiscal years 1996
and 1998.--
``(i) Fiscal year 1996.--In the
case of the increase in retired pay
that, pursuant to paragraph (1),
becomes effective on December 1, 1995,
the initial month for which such
increase is payable as part of such
retired pay shall (notwithstanding such
December 1 effective date) be March
1996.
``(ii) Fiscal year 1998.--In the
case of the increase in retired pay
that, pursuant to paragraph (1),
becomes effective on December 1, 1997,
the initial month for which such
increase is payable as part of such
retired pay shall (notwithstanding such
December 1 effective date) be September
1998.''.
(b) Contingent Alternative Date for Fiscal Year 1998.--(1)
If a civil service retiree cola that becomes effective during
fiscal year 1998 becomes effective on a date other than the
date on which a military retiree cola during that fiscal year
is specified to become effective under subparagraph (B) of
section 1401a(b)(2) of title 10, United States Code, as amended
by subsection (a), then the increase in military retired and
retainer pay shall become payable as part of such retired and
retainer pay effective on the same date on which such civil
service retiree cola becomes effective (notwithstanding the
date otherwise specified in such subparagraph (B)).
(2) Paragraph (1) does not apply with respect to the
retired pay of a person retired under chapter 61 of title 10,
United States Code.
(3) For purposes of this subsection:
(A) The term ``civil service retiree cola'' means
an increase in annuities under the Civil Service
Retirement System either under section 8340(b) of title
5, United States Code, or pursuant to a law providing a
general increase in such annuities.
(B) The term ``military retiree cola'' means an
adjustment in retired and retainer pay pursuant to
section 1401a(b) of title 10, United States Code.
(c) Repeal of Prior Conditional Enactment.--Section
8114A(b) of Public Law 103-335 (108 Stat. 2648) is repealed.
SEC. 632. DENIAL OF NON-REGULAR SERVICE RETIRED PAY FOR RESERVES
RECEIVING CERTAIN COURT-MARTIAL SENTENCES.
(a) In General.--(1) Chapter 1223 of title 10, United
States Code, is amended by adding at the end the following new
section:
``Sec. 12740. Eligibility: denial upon certain punitive discharges or
dismissals
``A person who--
``(1) is convicted of an offense under the Uniform
Code of Military Justice (chapter 47 of this title) and
whose sentence includes death; or
``(2) is separated pursuant to sentence of a court-
martial with a dishonorable discharge, a bad conduct
discharge, or (in the case of an officer) a dismissal,
is not eligible for retired pay under this chapter.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``12740. Eligibility: denial upon certain punitive discharges or
dismissals.''.
(b) Effective Date.--Section 12740 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to court-martial sentences adjudged after the date of
the enactment of this Act.
SEC. 633. REPORT ON PAYMENT OF ANNUITIES FOR CERTAIN MILITARY SURVIVING
SPOUSES.
(a) Study Required.--(1) The Secretary of Defense shall
conduct a study to determine the number of potential
beneficiaries there would be if Congress were to enact
authority for the Secretary of the military department
concerned to pay an annuity to the qualified surviving spouse
of each member of the Armed Forces who--
(A) died before March 21, 1974, and was entitled to
retired or retainer pay on the date of death; or
(B) was a member of a reserve component who died
during the period beginning on September 21, 1972, and
ending on October 1, 1978, and at the time of death
would have been entitled to retired pay under chapter
67 of title 10, United States Code, but for the fact
that he was under 60 years of age.
(2) A qualified surviving spouse for purposes of paragraph
(1) is a surviving spouse who has not remarried and who is not
eligible for an annuity under section 4 of Public Law 92-425
(10 U.S.C. 1448 note).
(b) Required Determinations.--As part of the study under
subsection (a), the Secretary shall determine the following:
(1) The number of unremarried surviving spouses of
deceased members and deceased former members of the
Armed Forces referred to in subparagraph (A) of
subsection (a)(1) who would be eligible for an annuity
under authority described in such subsection.
(2) The number of unremarried surviving spouses of
deceased members and deceased former members of reserve
components referred to in subparagraph (B) of
subsection (a)(1) who would be eligible for an annuity
under authority described in such subsection.
(3) The number of persons in each group of
unremarried former spouses described in paragraphs (1)
and (2) who are receiving a widow's insurance benefit
or a widower's insurance benefit under title II of the
Social Security Act on the basis of employment of a
deceased member or deceased former member referred to
in subsection (a)(1).
(c) Report.--Not later than March 1, 1996, the Secretary of
Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives a report on the results of the study under this
section. The Secretary shall include in the report a
recommendation on the amount of the annuity that should be
authorized to be paid under any authority described in
subsection (a)(1), together with a recommendation on whether
the annuity should be adjusted annually to offset increases in
the cost of living.
SEC. 634. PAYMENT OF BACK QUARTERS AND SUBSISTENCE ALLOWANCES TO WORLD
WAR II VETERANS WHO SERVED AS GUERRILLA FIGHTERS IN
THE PHILIPPINES.
(a) In General.--The Secretary of the military department
concerned shall pay, upon request, to an individual described
in subsection (b) the amount determined with respect to that
individual under subsection (c).
(b) Covered Individuals.--A payment under subsection (a)
shall be made to any individual who as a member of the Armed
Forces during World War II--
(1) was captured on the Island of Bataan in the
territory of the Philippines by Japanese forces;
(2) participated in the Bataan Death March;
(3) escaped from captivity; and
(4) served as a guerrilla fighter in the
Philippines during the period from January 1942 through
February 1945.
(c) Amount To Be Paid.--The amount of a payment under
subsection (a) shall be the amount of quarters and subsistence
allowance which accrued to an individual described in
subsection (b) during the period specified in paragraph (4) of
subsection (b) and which was not paid to that individual. The
Secretary shall apply interest compounded at the three-month
Treasury bill rate.
(d) Payment to Survivors.--In the case of any individual
described in subsection (b) who is deceased, payment under this
section with respect to that individual shall be made to that
individual's nearest surviving relative, as determined by the
Secretary concerned.
SEC. 635. AUTHORITY FOR RELIEF FROM PREVIOUS OVERPAYMENTS UNDER MINIMUM
INCOME WIDOWS PROGRAM.
(a) Authority.--The Secretary of Defense may waive recovery
by the United States of any overpayment by the United States
described in subsection (b). In the case of any such waiver,
any debt to the United States arising from such overpayment is
forgiven.
(b) Covered Overpayments.--Subsection (a) applies in the
case of an overpayment by the United States that--
(1) was made before the date of the enactment of
this Act under section 4 of Public Law 92-425 (10
U.S.C. 1448 note); and
(2) is attributable to failure by the Department of
Defense to apply the eligibility provisions of
subsection (a) of such section in the case of the
person to whom the overpayment was made.
SEC. 636. TRANSITIONAL COMPENSATION FOR DEPENDENTS OF MEMBERS OF THE
ARMED FORCES SEPARATED FOR DEPENDENT ABUSE.
(a) Coverage of Program.--Subsection (a) of section 1059 of
title 10, United States Code, is amended by adding at the end
the following: ``Upon establishment of such a program, the
program shall apply in the case of each such member described
in subsection (b) who is under the jurisdiction of the
Secretary establishing the program.''.
(b) Clarification of Payment to Dependents of Members Not
Discharged.--Subsection (d) of such section is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking out ``any case of a
separation from active duty as described in
subsection (b)'' and inserting in lieu thereof
``the case of any individual described in
subsection (b)''; and
(B) by striking ``former member'' and
inserting in lieu thereof ``individual'';
(2) in paragraph (1)--
(A) by striking out ``former member'' and
inserting in lieu thereof ``individual''; and
(B) by striking out ``member'' and
inserting in lieu there of ``individual'';
(3) in paragraph (2), by striking out ``former
member'' both places it appears and inserting in lieu
thereof ``individual described in subsection (b)'';
(4) in paragraph (3), by striking out ``former
member'' and inserting in lieu thereof ``individual
described in subsection (b)''; and
(5) in paragraph (4), by striking out ``member''
both places it appears and inserting in lieu thereof
``individual described in subsection (b)''.
(c) Effective Date.--Section 554(b) of the National Defense
Authorization Act for Fiscal Year 1994 (10 U.S.C. 1059 note) is
amended--
(1) in paragraph (1), by striking out ``on or after
the date of the enactment of this Act'' and inserting
in lieu thereof ``after November 29, 1993''; and
(2) by striking out paragraph (2) and inserting in
lieu thereof the following:
``(2) Payments of transitional compensation under that
section in the case of any person eligible to receive payments
under that section shall be made for each month after November
1993 for which that person may be paid transitional
compensation in accordance with that section.''.
Subtitle E--Other Matters
SEC. 641. PAYMENT TO SURVIVORS OF DECEASED MEMBERS FOR ALL LEAVE
ACCRUED.
(a) Inapplicability of 60-Day Limitation.--Section 501(d)
of title 37, United States Code, is amended--
(1) in paragraph (1), by striking out the third
sentence; and
(2) by striking out paragraph (2) and inserting in
lieu thereof the following new paragraph:
``(2) The limitations in the second sentence of subsection
(b)(3), subsection (f), and the second sentence of subsection
(g) shall not apply with respect to a payment made under this
subsection.''.
(b) Conforming Amendment.--Section 501(f) of such title is
amended by striking out ``, (d),'' in the first sentence.
SEC. 642. REPEAL OF REPORTING REQUIREMENTS REGARDING COMPENSATION
MATTERS.
(a) Report on Travel and Transportation Allowances for
Dependents.--(1) Section 406 of title 37, United States Code,
is amended--
(A) by striking out subsection (i); and
(B) by redesignating subsections (j), (k), (l),
(m), and (n) as subsections (i), (j), (k), (l), and
(m), respectively.
(2) Section 2634(d) of title 10, United States Code, is
amended by striking out ``section 406(l) of title 37'' and
inserting in lieu thereof ``section 406(k) of title 37''.
(b) Annual Review of Pay and Allowances.--Section 1008(a)
of title 37, United States Code, is amended by striking out the
second sentence.
(c) Report on Quadrennial Review of Adjustments in
Compensation.--Section 1009(f) of such title is amended by
striking out ``of this title,'' and all that follows through
the period at the end and inserting in lieu thereof ``of this
title.''.
SEC. 643. RECOUPMENT OF ADMINISTRATIVE EXPENSES IN GARNISHMENT ACTIONS.
(a) In General.--Subsection (j) of section 5520a of title
5, United States Code, is amended by striking out paragraph (2)
and inserting in lieu thereof the following new paragraph:
``(2) Such regulations shall provide that an agency's
administrative costs incurred in executing legal process to
which the agency is subject under this section shall be
deducted from the amount withheld from the pay of the employee
concerned pursuant to the legal process.''.
(b) Involuntary Allotments of Pay of Members of the
Uniformed Services.--Subsection (k) of such section is
amended--
(1) by redesignating paragraph (3) as paragraph
(4); and
(2) by inserting after paragraph (2) the following
new paragraph:
``(3) Regulations under this subsection may also provide
that the administrative costs incurred in establishing and
maintaining an involuntary allotment be deducted from the
amount withheld from the pay of the member of the uniformed
services concerned pursuant to such regulations.''.
(c) Disposition of Amounts Withheld for Administrative
Expenses.--Such section is further amended by adding at the end
the following:
``(l) The amount of an agency's administrative costs
deducted under regulations prescribed pursuant to subsection
(j)(2) or (k)(3) shall be credited to the appropriation, fund,
or account from which such administrative costs were paid.''.
SEC. 644. REPORT ON EXTENDING TO JUNIOR NONCOMMISSIONED OFFICERS
PRIVILEGES PROVIDED FOR SENIOR NONCOMMISSIONED
OFFICERS.
(a) Report Required.--Not later than February 1, 1996, the
Secretary of Defense shall submit to Congress a report
containing the determinations of the Secretary regarding
whether, in order to improve the working conditions of
noncommissioned officers in pay grades E-5 and E-6, any of the
privileges afforded noncommissioned officers in any of the pay
grades above E-6 should be extended to noncommissioned officers
in pay grades E-5 and E-6.
(b) Specific Recommendation Regarding Election of BAS.--The
Secretary shall include in the report a determination on
whether noncommissioned officers in pay grades E-5 and E-6
should be afforded the same privilege as noncommissioned
officers in pay grades above E-6 to elect to mess separately
and receive the basic allowance for subsistence.
(c) Additional Matters.--The report shall also contain a
discussion of the following matters:
(1) The potential costs of extending additional
privileges to noncommissioned officers in pay grades E-
5 and E-6.
(2) The effects on readiness that would result from
extending the additional privileges.
(3) The options for extending the privileges on an
incremental basis over an extended period.
(d) Recommended Legislation.--The Secretary shall include
in the report any recommended legislation that the Secretary
considers necessary in order to authorize extension of a
privilege as determined appropriate under subsection (a).
SEC. 645. STUDY REGARDING JOINT PROCESS FOR DETERMINING LOCATION OF
RECRUITING STATIONS.
(a) Study Required.--The Secretary of Defense shall conduct
a study regarding the feasibility of--
(1) using a joint process among the Armed Forces
for determining the location of recruiting stations and
the number of military personnel required to operate
such stations; and
(2) basing such determinations on market research
and analysis conducted jointly by the Armed Forces.
(b) Report.--Not later than March 31, 1996, the Secretary
of Defense shall submit to Congress a report describing the
results of the study. The report shall include a recommended
method for measuring the efficiency of individual recruiting
stations, such as cost per accession or other efficiency
standard, as determined by the Secretary.
SEC. 646. AUTOMATIC MAXIMUM COVERAGE UNDER SERVICEMEN'S GROUP LIFE
INSURANCE.
Effective April 1, 1996, section 1967 of title 38, United
States Code, is amended--
(1) in subsections (a) and (c), by striking out
``$100,000'' each place it appears and inserting in
lieu thereof in each instance ``$200,000'';
(2) by striking out subsection (e); and
(3) by redesignating subsection (f) as subsection
(e).
SEC. 647. TERMINATION OF SERVICEMEN'S GROUP LIFE INSURANCE FOR MEMBERS
OF THE READY RESERVE WHO FAIL TO PAY PREMIUMS.
(a) Authority.--Section 1969(a)(2) of title 38, United
States Code, is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following:
``(B) If an individual who is required pursuant to
subparagraph (A) to make a direct remittance of costs to the
Secretary concerned fails to make the required remittance
within 60 days of the date on which such remittance is due,
such individual's insurance with respect to which such
remittance is required shall be terminated by the Secretary
concerned. Such termination shall be made by written notice to
the individual's official address and shall be effective 60
days after the date of such notice. Such termination of
insurance may be vacated if, before the effective date of
termination, the individual remits all amounts past due for
such insurance and demonstrates to the satisfaction of the
Secretary concerned that the failure to make timely remittances
was justifiable.''.
(b) Conforming Amendment.--Section 1968(a) is amended by
inserting ``(or discontinued pursuant to section 1969(a)(2)(B)
of this title)'' in the matter preceding paragraph (1) after
``upon the written request of the insured''.
(c) Effective Date.--The amendments made by this section
shall take effect on April 1, 1996.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
SEC. 701. MODIFICATION OF REQUIREMENTS REGARDING ROUTINE PHYSICAL
EXAMINATIONS AND IMMUNIZATIONS UNDER CHAMPUS.
Section 1079(a) of title 10, United States Code, is amended
by striking out paragraph (2) and inserting in lieu thereof the
following new paragraph:
``(2) consistent with such regulations as the
Secretary of Defense may prescribe regarding the
content of health promotion and disease prevention
visits, the schedule of pap smears and mammograms, and
the types and schedule of immunizations--
``(A) for dependents under six years of
age, both health promotion and disease
prevention visits and immunizations may be
provided; and
``(B) for dependents six years of age or
older, health promotion and disease prevention
visits may be provided in connection with
immunizations or with diagnostic or preventive
pap smears and mammograms;''.
SEC. 702. CORRECTION OF INEQUITIES IN MEDICAL AND DENTAL CARE AND DEATH
AND DISABILITY BENEFITS FOR CERTAIN RESERVES.
(a) Medical and Dental Care.--Section 1074a(a) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(3) Each member of the armed forces who incurs or
aggravates an injury, illness, or disease in the line
of duty while remaining overnight, between successive
periods of inactive-duty training, at or in the
vicinity of the site of the inactive-duty training, if
the site is outside reasonable commuting distance from
the member's residence.''.
(b) Recovery, Care, and Disposition of Remains.--Section
1481(a)(2) of title 10, United States Code, is amended--
(1) in subparagraph (C), by striking out ``or'' at
the end of the subparagraph;
(2) by redesignating subparagraph (D) as
subparagraph (E); and
(3) by inserting after subparagraph (C) the
following new subparagraph:
``(D) remaining overnight, between
successive periods of inactive-duty training,
at or in the vicinity of the site of the
inactive-duty training, if the site is outside
reasonable commuting distance from the member's
residence; or''.
(c) Entitlement to Basic Pay.--(1) Subsection (g)(1) of
section 204 of title 37, United States Code, is amended--
(A) in subparagraph (B), by striking out ``or'' at
the end of the subparagraph;
(B) in subparagraph (C), by striking out the period
at the end of the subparagraph and inserting in lieu
thereof ``; or''; and
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(D) in line of duty while remaining overnight,
between successive periods of inactive-duty training,
at or in the vicinity of the site of the inactive-duty
training, if the site is outside reasonable commuting
distance from the member's residence.''.
(2) Subsection (h)(1) of such section is amended--
(A) in subparagraph (B), by striking out ``or'' at
the end of the subparagraph;
(B) in subparagraph (C), by striking out the period
at the end of the subparagraph and inserting in lieu
thereof ``; or''; and
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(D) in line of duty while remaining overnight,
between successive periods of inactive-duty training,
at or in the vicinity of the site of the inactive-duty
training, if the site is outside reasonable commuting
distance from the member's residence.''.
(d) Compensation for Inactive-Duty Training.--Section
206(a)(3) of title 37, United States Code, is amended--
(1) in subparagraph (A), by striking out ``or'' at
the end of clause (ii);
(2) in subparagraph (B), by striking out the period
at the end of the subparagraph and inserting in lieu
thereof ``; or''; and
(3) by inserting after subparagraph (B) the
following new subparagraph:
``(C) in line of duty while remaining
overnight, between successive periods of
inactive-duty training, at or in the vicinity
of the site of the inactive-duty training, if
the site is outside reasonable commuting
distance from the member's residence.''.
SEC. 703. MEDICAL CARE FOR SURVIVING DEPENDENTS OF RETIRED RESERVES WHO
DIE BEFORE AGE 60.
(a) Change in Eligibility Requirements.--Paragraph (2) of
section 1076(b) of title 10, United States Code, is amended--
(1) by striking out ``death (A) would'' and
inserting in lieu thereof ``death would''; and
(2) by striking out ``, and (B) had elected to
participate in the Survivor Benefit Plan established
under subchapter II of chapter 73 of this title''.
(b) Conforming Amendments.--Such paragraph is further
amended--
(1) in the matter following paragraph (2), by
striking out ``clause (2)'' the first place it appears
and inserting in lieu thereof ``paragraph (2)''; and
(2) by striking out the second sentence.
SEC. 704. MEDICAL AND DENTAL CARE FOR MEMBERS OF THE SELECTED RESERVE
ASSIGNED TO EARLY DEPLOYING UNITS OF THE ARMY
SELECTED RESERVE.
(a) Annual Medical and Dental Screenings and Care.--Section
1074a of title 10, United States Code, is amended--
(1) in subsection (c), by striking out ``this
section'' and inserting in lieu thereof ``subsection
(b)''; and
(2) by adding at the end the following new
subsection:
``(d)(1) The Secretary of the Army shall provide to members
of the Selected Reserve of the Army who are assigned to units
scheduled for deployment within 75 days after mobilization the
following medical and dental services:
``(A) An annual medical screening.
``(B) For members who are over 40 years of age, a
full physical examination not less often than once
every two years.
``(C) An annual dental screening.
``(D) The dental care identified in an annual
dental screening as required to ensure that a member
meets the dental standards required for deployment in
the event of mobilization.
``(2) The services provided under this subsection shall be
provided at no cost to the member.''.
(b) Conforming Repeals.--Sections 1117 and 1118 of the Army
National Guard Combat Readiness Reform Act of 1992 (title XI of
Public Law 102-484; 10 U.S.C. 3077 note) are repealed.
SEC. 705. DENTAL INSURANCE FOR MEMBERS OF THE SELECTED RESERVE.
(a) Program Authorization.--(1) Chapter 55 of title 10,
United States Code, is amended by inserting after section 1076a
the following new section:
``Sec. 1076b. Selected Reserve dental insurance
``(a) Authority To Establish Plan.--The Secretary of
Defense shall establish a dental insurance plan for members of
the Selected Reserve of the Ready Reserve. The plan shall
provide for voluntary enrollment and for premium sharing
between the Department of Defense and the members enrolled in
the plan. The plan shall be administered under regulations
prescribed by the Secretary of Defense.
``(b) Premium Sharing.--(1) A member enrolling in the
dental insurance plan shall pay a share of the premium charged
for the insurance coverage. The member's share may not exceed
$25 per month.
``(2) The Secretary of Defense may reduce the monthly
premium required to be paid by enlisted members under paragraph
(1) if the Secretary determines that the reduction is
appropriate in order to assist enlisted members to participate
in the dental insurance plan.
``(3) A member's share of the premium for coverage by the
dental insurance plan shall be deducted and withheld from the
basic pay payable to the member for inactive duty training and
from the basic pay payable to the member for active duty.
``(4) The Secretary of Defense shall pay the portion of the
premium charged for coverage of a member under the dental
insurance plan that exceeds the amount paid by the member.
``(c) Benefits Available Under the Plan.--The dental
insurance plan shall provide benefits for basic dental care and
treatment, including diagnostic services, preventative
services, basic restorative services, and emergency oral
examinations.
``(d) Termination of Coverage.--The coverage of a member by
the dental insurance plan shall terminate on the last day of
the month in which the member is discharged, transfers to the
Individual Ready Reserve, Standby Reserve, or Retired Reserve,
or is ordered to active duty for a period of more than 30
days.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1076a the following:
``1076b. Selected Reserve dental insurance.''.
(b) Implementation.--Beginning not later than October 1,
1996, the Secretary of Defense shall offer members of the
Selected Reserve the opportunity to enroll in the dental
insurance plan required under section 1076b of title 10, United
States Code (as added by subsection (a)). During fiscal year
1996, the Secretary shall collect such information and complete
such planning and other preparations as are necessary to offer
and administer the dental insurance plan by that date. The
activities undertaken by the Secretary under this subsection
during fiscal year 1996 may include--
(1) surveys; and
(2) tests, in not more than three States, of a
dental insurance plan or alternative dental insurance
plans meeting the requirements of section 1076b of
title 10, United States Code.
SEC. 706. PERMANENT AUTHORITY TO CARRY OUT SPECIALIZED TREATMENT
FACILITY PROGRAM.
Section 1105 of title 10, United States Code, is amended by
striking out subsection (h).
Subtitle B--TRICARE Program
SEC. 711. DEFINITION OF TRICARE PROGRAM.
For purposes of this subtitle, the term ``TRICARE program''
means the managed health care program that is established by
the Secretary of Defense under the authority of chapter 55 of
title 10, United States Code, principally section 1097 of such
title, and includes the competitive selection of contractors to
financially underwrite the delivery of health care services
under the Civilian Health and Medical Program of the Uniformed
Services.
SEC. 712. PRIORITY USE OF MILITARY TREATMENT FACILITIES FOR PERSONS
ENROLLED IN MANAGED CARE INITIATIVES.
Section 1097(c) of title 10, United States Code, is amended
in the third sentence by striking out ``However, the Secretary
may'' and inserting in lieu thereof ``Notwithstanding the
preferences established by sections 1074(b) and 1076 of this
title, the Secretary shall''.
SEC. 713. STAGGERED PAYMENT OF ENROLLMENT FEES FOR TRICARE PROGRAM.
Section 1097(e) of title 10, United States Code, is amended
by adding at the end the following new sentence: ``Without
imposing additional costs on covered beneficiaries who
participate in contracts for health care services under this
section or health care plans offered under section 1099 of this
title, the Secretary shall permit such covered beneficiaries to
pay, on a quarterly basis, any enrollment fee required for such
participation.''.
SEC. 714. REQUIREMENT OF BUDGET NEUTRALITY FOR TRICARE PROGRAM TO BE
BASED ON ENTIRE PROGRAM.
(a) Change in Budget Neutrality Requirements.--Subsection
(c) of section 731 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 1073 note)
is amended--
(1) by striking out ``each managed health care
initiative that includes the option'' and inserting in
lieu thereof ``the TRICARE program''; and
(2) by striking out ``covered beneficiaries who
enroll in the option'' and inserting in lieu thereof
``members of the uniformed services and covered
beneficiaries who participate in the TRICARE program''.
(b) Addition of Definition of TRICARE Program.--Subsection
(d) of such section is amended to read as follows:
``(d) Definitions.--For purposes of this section:
``(1) The term `covered beneficiary' means a
beneficiary under chapter 55 of title 10, United States
Code, other than a beneficiary under section 1074(a) of
such title.
``(2) The term `TRICARE program' means the managed
health care program that is established by the
Secretary of Defense under the authority of chapter 55
of title 10, United States Code, principally section
1097 of such title, and includes the competitive
selection of contractors to financially underwrite the
delivery of health care services under the Civilian
Health and Medical Program of the Uniformed
Services.''.
SEC. 715. TRAINING IN HEALTH CARE MANAGEMENT AND ADMINISTRATION FOR
TRICARE LEAD AGENTS.
(a) Provision of Training.--Not later than six months after
the date of the enactment of this Act, the Secretary of Defense
shall implement a professional educational program to provide
appropriate training in health care management and
administration--
(1) to each commander of a military medical
treatment facility of the Department of Defense who is
selected to serve as a lead agent to coordinate the
delivery of health care by military and civilian
providers under the TRICARE program; and
(2) to appropriate members of the support staff of
the treatment facility who will be responsible for
daily operation of the TRICARE program.
(b) Report on Implementation.--Not later than six months
after the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a report describing the
professional educational program implemented pursuant to this
section.
SEC. 716. PILOT PROGRAM OF INDIVIDUALIZED RESIDENTIAL MENTAL HEALTH
SERVICES.
(a) Program Required.--(1) During fiscal year 1996, the
Secretary of Defense, in consultation with the other
administering Secretaries under chapter 55 of title 10, United
States Code, shall implement a pilot program to provide
residential and wraparound services to children described in
paragraph (2) who are in need of mental health services. The
Secretary shall implement the pilot program for an initial
period of at least two years in a military health care region
in which the TRICARE program has been implemented.
(2) A child shall be eligible for selection to participate
in the pilot program if the child is a dependent (as described
in subparagraph (D) or (I) of section 1072(2) of title 10,
United States Code) who--
(A) is eligible for health care under section 1079
or 1086 of such title; and
(B) has a serious emotional disturbance that is
generally regarded as amenable to treatment.
(b) Wraparound Services Defined.--For purposes of this
section, the term ``wraparound services'' means individualized
mental health services that are provided principally to allow a
child to remain in the family home or other least-restrictive
and least-costly setting, but also are provided as an aftercare
planning service for children who have received acute or
residential care. Such term includes nontraditional mental
health services that will assist the child to be maintained in
the least-restrictive and least-costly setting.
(c) Pilot Program Agreement.--Under the pilot program the
Secretary of Defense shall enter into one or more agreements
that require a mental health services provider under the
agreement--
(1) to provide wraparound services to a child
described in subsection (a)(2);
(2) to continue to provide such services as needed
during the period of the agreement even if the child
moves to another location within the same TRICARE
program region during that period; and
(3) to share financial risk by accepting as a
maximum annual payment for such services a case-rate
reimbursement not in excess of the amount of the annual
standard CHAMPUS residential treatment benefit payable
(as determined in accordance with section 8.1 of
chapter 3 of volume II of the CHAMPUS policy manual).
(d) Report.--Not later than March 1, 1998, the Secretary of
Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives a report on the program carried out under this
section. The report shall contain--
(1) an assessment of the effectiveness of the
program; and
(2) the Secretary's views regarding whether the
program should be implemented throughout the military
health care system.
SEC. 717. EVALUATION AND REPORT ON TRICARE PROGRAM EFFECTIVENESS.
(a) Evaluation Required.--The Secretary of Defense shall
arrange for an on-going evaluation of the effectiveness of the
TRICARE program in meeting the goals of increasing the access
of covered beneficiaries under chapter 55 of title 10, United
States Code, to health care and improving the quality of health
care provided to covered beneficiaries, without increasing the
costs incurred by the Government or covered beneficiaries. The
evaluation shall specifically address--
(1) the impact of the TRICARE program on military
retirees with regard to access, costs, and quality of
health care services; and
(2) identify noncatchment areas in which the health
maintenance organization option of the TRICARE program
is available or is proposed to become available.
(b) Entity To Conduct Evaluation.--The Secretary may use a
federally funded research and development center to conduct the
evaluation required by subsection (a).
(c) Annual Report.--Not later than March 1, 1997, and each
March 1 thereafter, the Secretary shall submit to Congress a
report describing the results of the evaluation under
subsection (a) during the preceding year.
SEC. 718. SENSE OF CONGRESS REGARDING ACCESS TO HEALTH CARE UNDER
TRICARE PROGRAM FOR COVERED BENEFICIARIES WHO ARE
MEDICARE ELIGIBLE.
(a) Findings.--Congress finds the following:
(1) Medical care provided in facilities of the
uniformed services is generally less expensive to the
Federal Government than the same care provided at
Government expense in the private sector.
(2) Covered beneficiaries under the military health
care provisions of chapter 55, United States Code, who
are eligible for medicare under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) deserve
health care options that empower them to choose the
health plan that best fits their needs.
(b) Sense of Congress.--In light of the findings specified
in subsection (a), it is the sense of Congress that--
(1) the Secretary of Defense should develop a
program to ensure that such covered beneficiaries who
reside in a region in which the TRICARE program has
been implemented continue to have adequate access to
health care services after the implementation of the
TRICARE program; and
(2) as a means of ensuring such access, the budget
for fiscal year 1997 submitted by the President under
section 1105 of title 31, United States Code, should
provide for reimbursement by the Health Care Financing
Administration to the Department of Defense for health
care services provided to such covered beneficiaries in
medical treatment facilities of the Department of
Defense.
Subtitle C--Uniformed Services Treatment Facilities
SEC. 721. DELAY OF TERMINATION OF STATUS OF CERTAIN FACILITIES AS
UNIFORMED SERVICES TREATMENT FACILITIES.
Section 1252(e) of the Department of Defense Authorization
Act, 1984 (42 U.S.C. 248d(e)) is amended by striking out
``December 31, 1996'' in the first sentence and inserting in
lieu thereof ``September 30, 1997''.
SEC. 722. LIMITATION ON EXPENDITURES TO SUPPORT UNIFORMED SERVICES
TREATMENT FACILITIES.
Subsection (f) of section 1252 of the Department of Defense
Authorization Act, 1984 (42 U.S.C. 248d), is amended to read as
follows:
``(f) Limitation on Expenditures.--The total amount of
expenditures by the Secretary of Defense to carry out this
section and section 911 of the Military Construction
Authorization Act, 1982 (42 U.S.C. 248c), for fiscal year 1996
may not exceed $300,000,000, adjusted by the Secretary to
reflect the inflation factor used by the Department of Defense
for such fiscal year.''.
SEC. 723. APPLICATION OF CHAMPUS PAYMENT RULES IN CERTAIN CASES.
Section 1074 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d)(1) The Secretary of Defense may require, by
regulation, a private CHAMPUS provider to apply the CHAMPUS
payment rules (subject to any modifications considered
appropriate by the Secretary) in imposing charges for health
care that the private CHAMPUS provider provides to a member of
the uniformed services who is enrolled in a health care plan of
a facility deemed to be a facility of the uniformed services
under section 911(a) of the Military Construction Authorization
Act, 1982 (42 U.S.C. 248c(a)) when the health care is provided
outside the catchment area of the facility.
``(2) In this subsection:
``(A) The term `private CHAMPUS provider' means a
private facility or health care provider that is a
health care provider under the Civilian Health and
Medical Program of the Uniformed Services.
``(B) The term `CHAMPUS payment rules' means the
payment rules referred to in subsection (c).
``(3) The Secretary of Defense shall prescribe regulations
under this subsection after consultation with the other
administering Secretaries.''.
SEC. 724. APPLICATION OF FEDERAL ACQUISITION REGULATION TO
PARTICIPATION AGREEMENTS WITH UNIFORMED SERVICES
TREATMENT FACILITIES.
(a) Section 718(c) of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1587)
is amended--
(1) in the second sentence of paragraph (1), by
striking out ``A participation agreement'' and
inserting in lieu thereof ``Except as provided in
paragraph (4), a participation agreement'';
(2) by redesignating paragraph (4) as paragraph
(6); and
(3) by inserting after paragraph (3) the following
new paragraph:
``(4) Application of federal acquisition
regulation.--On and after the date of the enactment of
this paragraph, Uniformed Services Treatment Facilities
and any participation agreement between Uniformed
Services Treatment Facilities and the Secretary of
Defense shall be subject to the Federal Acquisition
Regulation issued pursuant to section 25(c) of the
Office of Federal Procurement Policy Act (41 U.S.C.
421(c)) notwithstanding any provision to the contrary
in such a participation agreement. The requirements
regarding competition in the Federal Acquisition
Regulation shall apply with regard to the negotiation
of any new participation agreement between the
Uniformed Services Treatment Facilities and the
Secretary of Defense under this subsection or any other
provision of law.''.
(b) Sense of Congress.--(1) Congress finds that the
Uniformed Services Treatment Facilities provide quality health
care to the 120,000 Department of Defense beneficiaries
enrolled in the Uniformed Services Family Health Plan provided
by these facilities.
(2) In light of such finding, it is the sense of Congress
that the Uniformed Services Family Health Plan provided by the
Uniformed Services Treatment Facilities should not be
terminated for convenience under provisions of the Federal
Acquisition Regulation by the Secretary of Defense before the
expiration of the current participation agreements.
(3) For purposes of this subsection, the term ``Uniformed
Services Treatment Facility'' means a facility deemed to be a
facility of the uniformed services by virtue of section 911(a)
of the Military Construction Authorization Act, 1982 (42 U.S.C.
248c(a)).
SEC. 725. DEVELOPMENT OF PLAN FOR INTEGRATING UNIFORMED SERVICES
TREATMENT FACILITIES IN MANAGED CARE PROGRAMS OF
DEPARTMENT OF DEFENSE.
Section 718(c) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1587) is
amended by inserting after paragraph (4), as added by section
722, the following new paragraph:
``(5) Plan for integrating facilities.--(A) The
Secretary of Defense shall develop a plan under which
Uniformed Services Treatment Facilities could be
included, before the expiration date of the
participation agreements entered into under this
section, in the exclusive health care provider networks
established by the Secretary for the geographic regions
in which the facilities are located. The Secretary
shall address in the plan the feasibility of
implementing the managed care plan of the Uniformed
Services Treatment Facilities, known as Option II, on a
mandatory basis for all USTF Medicare-eligible
beneficiaries and the potential cost savings to the
Military Health Care Program that could be achieved
under such option.
``(B) The Secretary shall submit the plan developed
under this paragraph to Congress not later than March
1, 1996.
``(C) The plan developed under this paragraph shall
be consistent with the requirements specified in
paragraph (4). If the plan is not submitted to Congress
by the expiration date of the participation agreements
entered into under this section, the participation
agreements shall remain in effect, at the option of the
Uniformed Services Treatment Facilities, until the end
of the 180-day period beginning on the date the plan is
finally submitted.
``(D) For purposes of this paragraph, the term
`USTF Medicare-eligible beneficiaries' means covered
beneficiaries under chapter 55 of title 10, United
States Code, who are enrolled in a managed health plan
offered by the Uniformed Services Treatment Facilities
and entitled to hospital insurance benefits under part
A of title XVIII of the Social Security Act (42 U.S.C.
1395c et seq.).''.
SEC. 726. EQUITABLE IMPLEMENTATION OF UNIFORM COST SHARING REQUIREMENTS
FOR UNIFORMED SERVICES TREATMENT FACILITIES.
(a) Time for Fee Implementation.--The uniform managed care
benefit fee and copayment schedule developed by the Secretary
of Defense for use in all managed care initiatives of the
military health service system, including the managed care
program of the Uniformed Services Treatment Facilities, shall
be extended to the managed care program of a Uniformed Services
Treatment Facility only after the later of--
(1) the implementation of the TRICARE regional
program covering the service area of the Uniformed
Services Treatment Facility; or
(2) the end of the 180-day period beginning on the
date of the enactment of this Act.
(b) Submission of Actuarial Estimates.--Paragraph (2) of
subsection (a) shall operate as a condition on the extension of
the uniform managed care benefit fee and copayment schedule to
the Uniformed Services Treatment Facilities only if the
Uniformed Services Treatment Facilities submit to the
Comptroller General of the United States, within 30 days after
the date of the enactment of this Act, actuarial estimates in
support of their contention that the extension of such fees and
copayments will have an adverse effect on the operation of the
Uniformed Services Treatment Facilities and the enrollment of
participants.
(c) Evaluation.--(1) Except as provided in paragraph (2),
not later than 90 days after the date of the enactment of this
Act, the Comptroller General shall submit to Congress the
results of an evaluation of the effect on the Uniformed
Services Treatment Facilities of the extension of the uniform
benefit fee and copayment schedule to the Uniformed Services
Treatment Facilities. The evaluation shall include an
examination of whether the benefit fee and copayment schedule
may--
(A) cause adverse selection of enrollees;
(B) be inappropriate for a fully at-risk program
similar to civilian health maintenance organizations;
or
(C) result in an enrolled population dissimilar to
the general beneficiary population.
(2) The Comptroller General shall not be required to
prepare or submit the evaluation under paragraph (1) if the
Uniformed Services Treatment Facilities fail to satisfactorily
comply with subsection (b), as determined by the Comptroller
General.
SEC. 727. ELIMINATION OF UNNECESSARY ANNUAL REPORTING REQUIREMENT
REGARDING UNIFORMED SERVICES TREATMENT FACILITIES.
Section 1252 of the Department of Defense Authorization
Act, 1984 (42 U.S.C. 248d), is amended by striking out
subsection (d).
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
SEC. 731. MAXIMUM ALLOWABLE PAYMENTS TO INDIVIDUAL HEALTH-CARE
PROVIDERS UNDER CHAMPUS.
(a) Maximum Payment.--Subsection (h) of section 1079 of
title 10, United States Code, is amended by striking out
paragraph (1) and inserting in lieu thereof the following new
paragraph:
``(1) Payment for a charge for services by an individual
health care professional (or other noninstitutional health care
provider) for which a claim is submitted under a plan
contracted for under subsection (a) may not exceed the lesser
of--
``(A) the amount equivalent to the 80th percentile
of billed charges made for similar services in the same
locality during the base period; or
``(B) an amount determined to be appropriate, to
the extent practicable, in accordance with the same
reimbursement rules as apply to payments for similar
services under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.).''.
(b) Comparison to Medicare Payments.--Such subsection is
further amended by adding at the end the following new
paragraph:
``(3) For the purposes of paragraph (1)(B), the appropriate
payment amount shall be determined by the Secretary of Defense,
in consultation with the other administering Secretaries.''.
(c) Exceptions and Limitations.--Such subsection is further
amended by inserting after paragraph (3), as added by
subsection (b), the following new paragraphs:
``(4) The Secretary of Defense, in consultation with the
other administering Secretaries, shall prescribe regulations to
provide for such exceptions to the payment limitations under
paragraph (1) as the Secretary determines to be necessary to
assure that covered beneficiaries retain adequate access to
health care services. Such exceptions may include the payment
of amounts higher than the amount allowed under paragraph (1)
when enrollees in managed care programs obtain covered
emergency services from nonparticipating providers. To provide
a suitable transition from the payment methodologies in effect
before the date of the enactment of this paragraph to the
methodology required by paragraph (1), the amount allowable for
any service may not be reduced by more than 15 percent below
the amount allowed for the same service during the immediately
preceding 12-month period (or other period as established by
the Secretary of Defense).
``(5) The Secretary of Defense, in consultation with the
other administering Secretaries, shall prescribe regulations to
establish limitations (similar to the limitations established
under title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.)) on beneficiary liability for charges of an individual
health care professional (or other noninstitutional health care
provider).''.
(d) Conforming Amendment.--Paragraph (2) of such subsection
is amended by striking out ``paragraph (1)'' and inserting in
lieu thereof ``paragraph (1)(A)''.
(e) Report on Effect of Amendments.--Not later than March
1, 1996, the Secretary of Defense shall submit to Congress a
report analyzing the effect of the amendments made by this
section on the ability or willingness of individual health care
professionals and other noninstitutional health care providers
to participate in the Civilian Health and Medical Program of
the Uniformed Services.
SEC. 732. NOTIFICATION OF CERTAIN CHAMPUS COVERED BENEFICIARIES OF LOSS
OF CHAMPUS ELIGIBILITY.
Section 1086(d) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) The administering Secretaries shall develop a
mechanism by which persons described in paragraph (1) who
satisfy only the criteria specified in subparagraphs (A) and
(B) of paragraph (2), but not subparagraph (C) of such
paragraph, are promptly notified of their ineligibility for
health benefits under this section. In developing the
notification mechanism, the administering Secretaries shall
consult with the administrator of the Health Care Financing
Administration.''.
SEC. 733. PERSONAL SERVICES CONTRACTS FOR MEDICAL TREATMENT FACILITIES
OF THE COAST GUARD.
(a) Contracting Authority.--Section 1091(a) of title 10,
United States Code, is amended--
(1) by inserting after ``Secretary of Defense'' the
following: ``, with respect to medical treatment
facilities of the Department of Defense, and the
Secretary of Transportation, with respect to medical
treatment facilities of the Coast Guard when the Coast
Guard is not operating as a service in the Navy,''; and
(2) by striking out ``medical treatment facilities
of the Department of Defense'' and inserting in lieu
thereof ``such facilities''.
(b) Ratification of Existing Contracts.--Any exercise of
authority under section 1091 of title 10, United States Code,
to enter into a personal services contract on behalf of the
Coast Guard before the effective date of the amendments made by
subsection (a) is hereby ratified.
(c) Effective Date.--The amendments made by subsection (a)
shall take effect as of October 1, 1995.
SEC. 734. IDENTIFICATION OF THIRD-PARTY PAYER SITUATIONS.
Section 1095 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(k)(1) To improve the administration of this section and
sections 1079(j)(1) and 1086(d) of this title, the Secretary of
Defense, in consultation with the other administering
Secretaries, may prescribe regulations providing for the
collection of information regarding insurance, medical service,
or health plans of third-party payers held by covered
beneficiaries.
``(2) The collection of information under regulations
prescribed under paragraph (1) shall be conducted in the same
manner as is provided in section 1862(b)(5) of the Social
Security Act (42 U.S.C. 1395y(b)(5)). The Secretary may provide
for obtaining from the Commissioner of Social Security
employment information comparable to the information provided
to the Administrator of the Health Care Financing
Administration pursuant to such section. Such regulations may
require the mandatory disclosure of social security account
numbers for all covered beneficiaries.
``(3) The Secretary may disclose relevant employment
information collected under this subsection to fiscal
intermediaries or other designated contractors.
``(4) The Secretary may provide for contacting employers of
covered beneficiaries to obtain group health plan information
comparable to the information authorized to be obtained under
section 1862(b)(5)(C) of the Social Security Act (42 U.S.C.
1395y(b)(5)(C)). Notwithstanding clause (iii) of such section,
clause (ii) of such section regarding the imposition of civil
money penalties shall apply to the collection of information
under this paragraph.
``(5) Information obtained under this subsection may not be
disclosed for any purpose other than to carry out the purpose
of this section and sections 1079(j)(1) and 1086(d) of this
title.''.
SEC. 735. REDESIGNATION OF MILITARY HEALTH CARE ACCOUNT AS DEFENSE
HEALTH PROGRAM ACCOUNT AND TWO-YEAR AVAILABILITY OF
CERTAIN ACCOUNT FUNDS.
(a) Redesignation.--Section 1100 of title 10, United States
Code, is amended--
(1) in subsection (a)(1)--
(A) by striking out ``Military Health Care
Account'' and inserting in lieu thereof
``Defense Health Program Account''; and
(B) by striking out ``the Civilian Health
and Medical Program of the Uniformed Services''
and inserting in lieu thereof ``medical and
health care programs of the Department of
Defense''; and
(2) in subsection (b)--
(A) by striking out ``entering into a
contract'' and inserting in lieu thereof
``conducting programs and activities under this
chapter, including contracts entered into'';
and
(B) by inserting a comma after ``title''.
(b) Two Year Availability of Certain Appropriations.--
Subsection (a)(2) of such section is amended to read as
follows:
``(2) Of the total amount appropriated for a fiscal year
for programs and activities carried out under this chapter, the
amount equal to three percent of such total amount shall remain
available for obligation until the end of the following fiscal
year.''.
(c) Conforming Amendments.--Such section is further
amended--
(1) by striking out subsections (c), (d), and (f);
and
(2) by redesignating subsection (e) as subsection
(c).
(d) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 1100. Defense Health Program Account''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 55 of such title is
amended to read as follows:
``1100. Defense Health Program Account.''.
SEC. 736. EXPANSION OF FINANCIAL ASSISTANCE PROGRAM FOR HEALTH-CARE
PROFESSIONALS IN RESERVE COMPONENTS TO INCLUDE
DENTAL SPECIALTIES.
Section 16201(b) of title 10, United States Code, is
amended--
(1) in the subsection heading, by inserting ``and
Dentists'' after ``Physicians'';
(2) in paragraph (1)(A), by inserting ``or dental
school'' after ``medical school'';
(3) in paragraphs (1)(B) and (2)(B), by inserting
``or dental officer'' after ``medical officer''; and
(4) in paragraph (1)(C), by striking out
``physicians in a medical specialty'' and inserting in
lieu thereof ``physicians or dentists in a medical or
dental specialty''.
SEC. 737. APPLICABILITY OF LIMITATION ON PRICES OF PHARMACEUTICALS
PROCURED FOR COAST GUARD.
(a) Inclusion of Coast Guard.--Section 8126(b) of title 38,
United States Code, is amended by adding at the end the
following new paragraph:
``(4) The Coast Guard.''.
(b) Effective Date; Application of Amendment.--The
amendment made by subsection (a) shall take effect as if
included in the enactment of section 603 of the Veterans Health
Care Act of 1992 (Public Law 102-585; 106 Stat. 4971).
SEC. 738. RESTRICTION ON USE OF DEPARTMENT OF DEFENSE FACILITIES FOR
ABORTIONS.
(a) In General.--Section 1093 of title 10, United States
Code, is amended--
(1) by inserting ``(a) Restriction on Use of
Funds.--'' before ``Funds available''; and
(2) by adding at the end the following:
``(b) Restriction on Use of Facilities.--No medical
treatment facility or other facility of the Department of
Defense may be used to perform an abortion except where the
life of the mother would be endangered if the fetus were
carried to term or in a case in which the pregnancy is the
result of an act of rape or incest.''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 1093. Performance of abortions: restrictions''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 55 of such title is
amended to read as follows:
``1093. Performance of abortions: restrictions.''.
Subtitle E--Other Matters
SEC. 741. TRISERVICE NURSING RESEARCH.
(a) Program Authorized.--Chapter 104 of title 10, United
States Code, is amended by adding at the end the following new
section:
``Sec. 2116. Military nursing research
``(a) Definitions.--In this section:
``(1) The term `military nursing research' means
research on the furnishing of care and services by
nurses in the armed forces.
``(2) The term `TriService Nursing Research
Program' means the program of military nursing research
authorized under this section.
``(b) Program Authorized.--The Secretary of Defense may
establish at the University a program of military nursing
research.
``(c) TriService Research Group.--The TriService Nursing
Research Program shall be administered by a TriService Nursing
Research Group composed of Army, Navy, and Air Force nurses who
are involved in military nursing research and are designated by
the Secretary concerned to serve as members of the group.
``(d) Duties of Group.--The TriService Nursing Research
Group shall--
``(1) develop for the Department of Defense
recommended guidelines for requesting, reviewing, and
funding proposed military nursing research projects;
and
``(2) make available to Army, Navy, and Air Force
nurses and Department of Defense officials concerned
with military nursing research--
``(A) information about nursing research
projects that are being developed or carried
out in the Army, Navy, and Air Force; and
``(B) expertise and information beneficial
to the encouragement of meaningful nursing
research.
``(e) Research Topics.--For purposes of this section,
military nursing research includes research on the following
issues:
``(1) Issues regarding how to improve the results
of nursing care and services provided in the armed
forces in time of peace.
``(2) Issues regarding how to improve the results
of nursing care and services provided in the armed
forces in time of war.
``(3) Issues regarding how to prevent complications
associated with battle injuries.
``(4) Issues regarding how to prevent complications
associated with the transporting of patients in the
military medical evacuation system.
``(5) Issues regarding how to improve methods of
training nursing personnel.
``(6) Clinical nursing issues, including such
issues as prevention and treatment of child abuse and
spouse abuse.
``(7) Women's health issues.
``(8) Wellness issues.
``(9) Preventive medicine issues.
``(10) Home care management issues.
``(11) Case management issues.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 104 of such title is amended by adding at
the end the following:
``2116. Military nursing research.''.
SEC. 742. TERMINATION OF PROGRAM TO TRAIN MILITARY PSYCHOLOGISTS TO
PRESCRIBE PSYCHOTROPIC MEDICATIONS.
(a) Termination.--Not later than June 30, 1997, the
Secretary of Defense shall terminate the demonstration pilot
program for training military psychologists in the prescription
of psychotropic medications, which is referred to in section
8097 of the Department of Defense Appropriations Act, 1991
(Public Law 101-511; 104 Stat. 1897).
(b) Prohibition on Additional Enrollees Pending
Termination.--After the date of the enactment of this Act, The
Secretary of Defense may not enroll any new participants for
the demonstration pilot program described in subsection (a).
(c) Effect on Current Participants.--The requirement to
terminate the demonstration pilot program described in
subsection (a) shall not be construed to affect the training or
utilization of military psychologists in the prescription of
psychotropic medications who are participating in the
demonstration pilot program on the date of the enactment of
this Act or who have completed such training before that date.
(d) Evaluation.--As soon as possible after the date of the
enactment of this Act, but not later than April 1, 1997, the
Comptroller General of the United States shall submit to
Congress a report evaluating the success of the demonstration
pilot program described in subsection (a). The report shall
include--
(1) a cost-benefit analysis of the program;
(2) a discussion of the utilization requirements
under the program; and
(3) recommendations regarding--
(A) whether the program should be extended
so as to continue to provide training to
military psychologists in the prescription of
psychotropic medications; and
(B) any modifications that should be made
in the manner in which military psychologists
are trained and used to prescribe psychotropic
medications so as to improve the training
provided under the program, if the program is
extended.
SEC. 743. WAIVER OF COLLECTION OF PAYMENTS DUE FROM CERTAIN PERSONS
UNAWARE OF LOSS OF CHAMPUS ELIGIBILITY.
(a) Authority To Waive Collection.--The administering
Secretaries may waive the collection of payments otherwise due
from a person described in subsection (b) as a result of the
receipt by the person of health benefits under section 1086 of
title 10, United States Code, after the termination of the
person's eligibility for such benefits.
(b) Persons Eligible for Waiver.--A person shall be
eligible for relief under subsection (a) if the person--
(1) is a person described in paragraph (1) of
subsection (d) of section 1086 of title 10, United
States Code;
(2) in the absence of such paragraph, would have
been eligible for health benefits under such section;
and
(3) at the time of the receipt of such benefits,
satisfied the criteria specified in subparagraphs (A)
and (B) of paragraph (2) of such subsection.
(c) Extent of Waiver Authority.--The authority to waive the
collection of payments pursuant to this section shall apply
with regard to health benefits provided under section 1086 of
title 10, United States Code, to persons described in
subsection (b) during the period beginning on January 1, 1967,
and ending on the later of--
(1) the termination date of any special enrollment
period provided under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) specifically for
such persons; and
(2) July 1, 1996.
(d) Definitions.--For purposes of this section, the term
``administering Secretaries'' has the meaning given such term
in section 1072(3) of title 10, United States Code.
SEC. 744. DEMONSTRATION PROGRAM TO TRAIN MILITARY MEDICAL PERSONNEL IN
CIVILIAN SHOCK TRAUMA UNITS.
(a) Demonstration Program.--(1) Not later than April 1,
1996, the Secretary of Defense shall implement a demonstration
program to evaluate the feasibility of providing shock trauma
training for military medical personnel through one or more
public or nonprofit hospitals. The Secretary shall carry out
the program pursuant to an agreement with such hospitals.
(2) Under the agreement with a hospital, the Secretary
shall assign military medical personnel participating in the
demonstration program to temporary duty in shock trauma units
operated by the hospitals that are parties to the agreement.
(3) The agreement shall require, as consideration for the
services provided by military medical personnel under the
agreement, that the hospital provide appropriate care to
members of the Armed Forces and to other persons whose care in
the hospital would otherwise require reimbursement by the
Secretary. The value of the services provided by the hospitals
shall be at least equal to the value of the services provided
by military medical personnel under the agreement.
(b) Termination of Program.--The authority of the Secretary
of Defense to conduct the demonstration program under this
section, and any agreement entered into under the demonstration
program, shall expire on March 31, 1998.
(c) Report and Evaluation of Program.--(1) Not later than
March 1 of each year in which the demonstration program is
conducted under this section, the Secretary of Defense shall
submit to Congress a report describing the scope and activities
of the demonstration program during the preceding year.
(2) Not later than May 1, 1998, the Comptroller General of
the United States shall submit to Congress a report evaluating
the effectiveness of the demonstration program in providing
shock trauma training for military medical personnel.
SEC. 745. STUDY REGARDING DEPARTMENT OF DEFENSE EFFORTS TO DETERMINE
APPROPRIATE FORCE LEVELS OF WARTIME MEDICAL
PERSONNEL.
(a) Study Required.--The Comptroller General of the United
States shall conduct a study to evaluate the reasonableness of
the models used by each military department for determining the
appropriate wartime force level for medical personnel in the
department. The study shall include the following:
(1) An assessment of the modeling techniques used
by each department.
(2) An analysis of the data used in the models to
identify medical personnel requirements.
(3) An identification of the ability of the models
to integrate personnel of reserve components to meet
department requirements.
(4) An evaluation of the ability of the Secretary
of Defense to integrate the various modeling efforts
into a comprehensive, coordinated plan for obtaining
the optimum force level for wartime medical personnel.
(b) Report of Study.--Not later than June 30, 1996, the
Comptroller General shall report to Congress on the results of
the study conducted under subsection (a).
SEC. 746. REPORT ON IMPROVED ACCESS TO MILITARY HEALTH CARE FOR COVERED
BENEFICIARIES ENTITLED TO MEDICARE.
Not later than March 1, 1996, the Secretary of Defense
shall submit to Congress a report evaluating the feasibility,
costs, and consequences for the military health care system of
improving access to the system for covered beneficiaries under
chapter 55 of title 10, United States Code, who have limited
access to military medical treatment facilities and are
ineligible for the Civilian Health and Medical Program of the
Uniformed Services under section 1086(d)(1) of such title. The
alternatives that the Secretary shall consider to improve
access for such covered beneficiaries shall include--
(1) whether CHAMPUS should serve as a second payer
for covered beneficiaries who are entitled to hospital
insurance benefits under part A of title XVIII of the
Social Security Act (42 U.S.C. 1395c et seq.); and
(2) whether such covered beneficiaries should be
offered enrollment in the Federal Employees Health
Benefits program under chapter 89 of title 5, United
States Code.
SEC. 747. REPORT ON EFFECT OF CLOSURE OF FITZSIMONS ARMY MEDICAL
CENTER, COLORADO, ON PROVISION OF CARE TO MILITARY
PERSONNEL, RETIRED MILITARY PERSONNEL, AND THEIR
DEPENDENTS.
(a) Effect of Closure on Members Experiencing Health
Difficulties Associated With Persian Gulf Syndrome.--Not later
than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress a report that--
(1) assesses the effects of the closure of
Fitzsimons Army Medical Center, Colorado, on the
capability of the Department of Defense to provide
appropriate and adequate health care to members and
former members of the Armed Forces who suffer from
undiagnosed illnesses (or combination of illnesses) as
a result of service in the Armed Forces in the
Southwest Asia theater of operations during the Persian
Gulf conflict; and
(2) describes the plans of the Secretary of Defense
and the Secretary of the Army to ensure that adequate
and appropriate health care is provided to such members
for such illnesses (or combination of illnesses).
(b) Effect of Closure on Other Covered Beneficiaries.--The
report required by subsection (a) shall also include--
(1) an assessment of the effects of the closure of
Fitzsimons Army Medical Center on the capability of the
Department of Defense to provide appropriate and
adequate health care to the dependents of members and
former members of the Armed Forces and retired members
and their dependents who currently obtain care at the
medical center; and
(2) a description of the plans of the Secretary of
Defense and the Secretary of the Army to ensure that
adequate and appropriate health care is provided to
such persons, as called for in the recommendations of
the Secretary of Defense for the closure of Fitzsimons
Army Medical Center.
SEC. 748. SENSE OF CONGRESS ON CONTINUITY OF HEALTH CARE SERVICES FOR
COVERED BENEFICIARIES ADVERSELY AFFECTED BY
CLOSURES OF MILITARY MEDICAL TREATMENT FACILITIES.
(a) Findings.--Congress finds the following:
(1) Military installations selected for closure in
the 1991 and 1993 rounds of the base closure process
will soon close.
(2) Additional military installations have been
selected for closure in the 1995 round of the base
closure process.
(3) Some of the military installations selected for
closure include military medical treatment facilities.
(3) As a result of these base closures, tens of
thousands of covered beneficiaries under chapter 55 of
title 10, United States Code, who reside in the
vicinity of such installations will be left without
immediate access to military medical treatment
facilities.
(b) Sense of Congress.--In light of the findings specified
in subsection (a), it is the sense of Congress that the
Secretary of Defense should take all appropriate steps
necessary to ensure the continuation of medical and
pharmaceutical benefits for covered beneficiaries adversely
affected by the closure of military installations.
SEC. 749. STATE RECOGNITION OF MILITARY ADVANCE MEDICAL DIRECTIVES.
(a) Requirement for Recognition by States.--(1) Chapter 53
of title 10, United States Code, is amended by inserting after
section 1044b the following new section:
``Sec. 1044c. Advance medical directives of members and dependents:
requirement for recognition by States
``(a) Instruments To Be Given Legal Effect Without Regard
to State Law.--An advance medical directive executed by a
person eligible for legal assistance--
``(1) is exempt from any requirement of form,
substance, formality, or recording that is provided for
advance medical directives under the laws of a State;
and
``(2) shall be given the same legal effect as an
advance medical directive prepared and executed in
accordance with the laws of the State concerned.
``(b) Advance Medical Directives.--For purposes of this
section, an advance medical directive is any written
declaration that--
``(1) sets forth directions regarding the
provision, withdrawal, or withholding of life-
prolonging procedures, including hydration and
sustenance, for the declarant whenever the declarant
has a terminal physical condition or is in a persistent
vegetative state; or
``(2) authorizes another person to make health care
decisions for the declarant, under circumstances stated
in the declaration, whenever the declarant is incapable
of making informed health care decisions.
``(c) Statement To Be Included.--(1) Under regulations
prescribed by the Secretary concerned, an advance medical
directive prepared by an attorney authorized to provide legal
assistance shall contain a statement that sets forth the
provisions of subsection (a).
``(2) Paragraph (1) shall not be construed to make
inapplicable the provisions of subsection (a) to an advance
medical directive that does not include a statement described
in that paragraph.
``(d) States Not Recognizing Advance Medical Directives.--
Subsection (a) does not make an advance medical directive
enforceable in a State that does not otherwise recognize and
enforce advance medical directives under the laws of the State.
``(e) Definitions.--In this section:
``(1) The term `State' includes the District of
Columbia, the Commonwealth of Puerto Rico, and a
possession of the United States.
``(2) The term `person eligible for legal
assistance' means a person who is eligible for legal
assistance under section 1044 of this title.
``(3) The term `legal assistance' means legal
services authorized under section 1044 of this
title.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1044b the following:
``1044c. Advance medical directives of members and dependents:
requirement for recognition by States.''.
(b) Effective Date.--Section 1044c of title 10, United
States Code, shall take effect on the date of the enactment of
this Act and shall apply to advance medical directives referred
to in that section that are executed before, on, or after that
date.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Reform
SEC. 801. INAPPLICABILITY OF LIMITATION ON EXPENDITURE OF
APPROPRIATIONS TO CONTRACTS AT OR BELOW SIMPLIFIED
ACQUISITION THRESHOLD.
Section 2207 of title 10, United States Code, is amended--
(1) by inserting ``(a)'' before ``Money
appropriated''; and
(2) by adding at the end the following new
subsection:
``(b) This section does not apply to a contract that is for
an amount not greater than the simplified acquisition threshold
(as defined in section 4(11) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(11))).''.
SEC. 802. AUTHORITY TO DELEGATE CONTRACTING AUTHORITY.
(a) Repeal of Duplicative Authority and Restriction.--
Section 2356 of title 10, United States Code, is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 139 of title 10, United States Code, is
amended by striking out the item relating to section 2356.
SEC. 803. CONTROL IN PROCUREMENTS OF CRITICAL AIRCRAFT AND SHIP SPARE
PARTS.
(a) Repeal.--Section 2383 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 141 of such title is amended by striking
out the item relating to section 2383.
SEC. 804. FEES FOR CERTAIN TESTING SERVICES.
Section 2539b(c) of title 10, United States Code, is
amended by inserting ``and indirect'' after ``recoup the
direct'' in the second sentence.
SEC. 805. COORDINATION AND COMMUNICATION OF DEFENSE RESEARCH
ACTIVITIES.
Section 2364 of title 10, United States Code, is amended--
(1) in subsection (b)(5), by striking out
``milestone O, milestone I, and milestone II'' and
inserting in lieu thereof ``acquisition program''; and
(2) in subsection (c), by striking out paragraphs
(2), (3), and (4) and inserting in lieu thereof the
following:
``(2) The term `acquisition program decision' has
the meaning prescribed by the Secretary of Defense in
regulations.''.
SEC. 806. ADDITION OF CERTAIN ITEMS TO DOMESTIC SOURCE LIMITATION.
(a) Limitation.--(1) Paragraph (3) of section 2534(a) of
title 10, United States Code, is amended to read as follows:
``(3) Components for naval vessels.--(A) The
following components:
``(i) Air circuit breakers.
``(ii) Welded shipboard anchor and mooring
chain with a diameter of four inches or less.
``(iii) Vessel propellers with a diameter
of six feet or more.
``(B) The following components of vessels, to the
extent they are unique to marine applications:
gyrocompasses, electronic navigation chart systems,
steering controls, pumps, propulsion and machinery
control systems, and totally enclosed lifeboats.''.
(2) Subsection (b) of section 2534 of such title is amended
by adding at the end the following:
``(3) Manufacturer of vessel propellers.--In the
case of a procurement of vessel propellers referred to
in subsection (a)(3)(A)(ii), the manufacturer of the
propellers meets the requirements of this subsection
only if--
``(A) the manufacturer meets the
requirements set forth in paragraph (1); and
``(B) all castings incorporated into such
propellers are poured and finished in the
United States.''.
(3) Paragraph (1) of section 2534(c) of such title is
amended to read as follows:
``(1) Components for naval vessels.--Subsection (a)
does not apply to a procurement of spare or repair
parts needed to support components for naval vessels
produced or manufactured outside the United States.''.
(4) Section 2534 of such title is amended by adding at the
end the following new subsection:
``(h) Implementation of Naval Vessel Component
Limitation.--In implementing subsection (a)(3)(B), the
Secretary of Defense--
``(1) may not use contract clauses or
certifications; and
``(2) shall use management and oversight techniques
that achieve the objective of the subsection without
imposing a significant management burden on the
Government or the contractor involved.''.
(5) Subsection (a)(3)(B) of section 2534 of title 10,
United States Code, as amended by paragraph (1), shall apply
only to contracts entered into after March 31, 1996.
(b) Extension of Limitation Relating to Ball Bearings and
Roller Bearings.--Section 2534(c)(3) of such title is amended
by striking out ``October 1, 1995'' and inserting in lieu
thereof ``October 1, 2000''.
(c) Termination of Vessel Propeller Limitation.--Section
2534(c) of such title is amended by adding at the end the
following new paragraph:
``(4) Vessel propellers.--Subsection (a)(3)(A)(iii)
and this paragraph shall cease to be effective on the
date occurring two years after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 1996.''.
(d) Additional Waiver Authority.--Section 2534(d) of such
title is amended by adding at the end the following new
paragraph:
``(9) Application of the limitation would result in
a retaliatory trade action by a foreign country against
the United States, as determined by the Secretary of
Defense after consultation with the United States Trade
Representative.''.
(e) Inapplicability of Simplified Acquisition Limitation to
Contracts for Ball Bearings and Roller Bearings.--Section
2534(g) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``This section'';
and
(2) by adding at the end the following new
paragraph:
``(2) Paragraph (1) does not apply to contracts for items
described in subsection (a)(5) (relating to ball bearings and
roller bearings), notwithstanding section 33 of the Office of
Federal Procurement Policy Act (41 U.S.C. 429).''.
SEC. 807. ENCOURAGEMENT OF USE OF LEASING AUTHORITY.
(a) In General.--(1) Section 2401a of title 10, United
States Code, is amended--
(A) by inserting before ``The Secretary of
Defense'' the following subsection heading: ``(b)
Limitation on Contracts with Terms of 18 Months or
More.--'';
(B) by inserting after the section heading the
following:
``(a) Leasing of Commercial Vehicles and Equipment.--The
Secretary of Defense may use leasing in the acquisition of
commercial vehicles and equipment whenever the Secretary
determines that leasing of such vehicles is practicable and
efficient.''; and
(C) by amending the section heading to read as
follows:
``Sec. 2401a. Lease of vehicles, equipment, vessels, and aircraft''.
(2) The item relating to section 2401a in the table of
sections at the beginning of chapter 141 of such title is
amended to read as follows:
``2401a. Lease of vehicles, equipment, vessels, and aircraft.''.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a report
setting forth changes in legislation that would be required to
facilitate the use of leasing in the acquisition of equipment
by the Department of Defense.
(c) Pilot Program.--(1) The Secretary of the Army may
conduct a pilot program for leasing commercial utility cargo
vehicles in accordance with this subsection.
(2) Under the pilot program--
(A) the Secretary may trade existing commercial
utility cargo vehicles of the Army for credit against
the costs of leasing new replacement commercial utility
cargo vehicles for the Army;
(B) the quantities and trade-in value of commercial
utility cargo vehicles to be traded in shall be subject
to negotiation between the Secretary and the lessors of
the new replacement commercial utility cargo vehicles;
(C) the lease agreement for a new commercial
utility cargo vehicle may be executed with or without
an option to purchase at the end of the lease period;
(D) the lease period for a new commercial utility
cargo vehicle may not exceed the warranty period for
the vehicle; and
(E) up to 40 percent of the validated requirement
for commercial utility cargo vehicles may be satisfied
by leasing such vehicles, except that one or more
options for satisfying the remainder of the validated
requirement may be provided for and exercised (subject
to the requirements of paragraph (6)).
(3) In awarding contracts under the pilot program, the
Secretary shall comply with section 2304 of title 10, United
States Code.
(4) The pilot program may not be commenced until--
(A) the Secretary submits to the Committee on Armed
Services of the Senate and the Committee on National
Security of the House of Representatives a report that
contains the plans of the Secretary for implementing
the program and that sets forth in detail the savings
in operating and support costs expected to be derived
from retiring older commercial utility cargo vehicles,
as compared to the expected costs of leasing newer
commercial utility cargo vehicles; and
(B) a period of 30 calendar days has elapsed after
submission of such report.
(5) Not later than one year after the date on which the
first lease under the pilot program is entered into, the
Secretary of the Army shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report on the status of the
pilot program. Such report shall be based on at least six
months of experience in operating the pilot program.
(6) The Secretary may exercise an option provided for under
paragraph (2) only after a period of 60 days has elapsed after
the submission of the report.
(7) No lease of commercial utility cargo vehicles may be
entered into under the pilot program after September 30, 2000.
SEC. 808. COST REIMBURSEMENT RULES FOR INDIRECT COSTS ATTRIBUTABLE TO
PRIVATE SECTOR WORK OF DEFENSE CONTRACTORS.
(a) Defense Capability Preservation Agreement.--The
Secretary of Defense may enter into an agreement, to be known
as a ``defense capability preservation agreement'', with a
defense contractor under which the cost reimbursement rules
described in subsection (b) shall be applied. Such an agreement
may be entered into in any case in which the Secretary
determines that the application of such cost reimbursement
rules would facilitate the achievement of the policy objectives
set forth in section 2501(b) of title 10, United States Code.
(b) Cost Reimbursement Rules.--(1) The cost reimbursement
rules applicable under an agreement entered into under
subsection (a) are as follows:
(A) The Department of Defense shall, in determining
the reimbursement due a contractor for its indirect
costs of performing a defense contract, allow the
contractor to allocate indirect costs to its private
sector work only to the extent of the contractor's
allocable indirect private sector costs, subject to
subparagraph (C).
(B) For purposes of subparagraph (A), the allocable
indirect private sector costs of a contractor are those
costs of the contractor that are equal to the sum of--
(i) the incremental indirect costs
attributable to such work; and
(ii) the amount by which the revenue
attributable to such private sector work
exceeds the sum of--
(I) the direct costs attributable
to such private sector work; and
(II) the incremental indirect costs
attributable to such private sector
work.
(C) The total amount of allocable indirect private
sector costs for a contract in any year of the
agreement may not exceed the amount of indirect costs
that a contractor would have allocated to its private
sector work during that year in accordance with the
contractor's established accounting practices.
(2) The cost reimbursement rules set forth in paragraph (1)
may be modified by the Secretary of Defense if the Secretary of
Defense determines that modifications are appropriate to the
particular situation to facilitate achievement of the policy
set forth in section 2501(b) of title 10, United States Code.
(c) Implementation.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
establish application procedures and procedures for expeditious
consideration of defense capability preservation agreements as
authorized by this section.
(d) Contracts Covered.--An agreement entered into with a
contractor under subsection (a) shall apply to each Department
of Defense contract with the contractor in effect on the date
on which the agreement is entered into and each Department of
Defense contract that is awarded to the contractor during the
term of the agreement.
(e) Reports.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report setting forth--
(1) the number of applications received and the
number of applications approved for defense capability
preservation agreements; and
(2) any changes to the authority in this section
that the Secretary recommends to further facilitate the
policy set forth in section 2501(b) of title 10, United
States Code.
SEC. 809. SUBCONTRACTS FOR OCEAN TRANSPORTATION SERVICES.
Notwithstanding any other provision of law, neither section
901(b) of the Merchant Marine Act, 1936 (46 U.S.C. 1241(b)) nor
section 2631 of title 10, United States Code, shall be included
before May 1, 1996, on any list promulgated under section 34(b)
of the Office of Federal Procurement Policy Act (41 U.S.C.
430(b)).
SEC. 810. PROMPT RESOLUTION OF AUDIT RECOMMENDATIONS.
Section 6009 of the Federal Acquisition Streamlining Act of
1994 (Public Law 103-355; 108 Stat. 3367) is amended to read as
follows:
``SEC. 6009. PROMPT MANAGEMENT DECISIONS AND IMPLEMENTATION OF AUDIT
RECOMMENDATIONS.
``(a) Management Decisions.--(1) The head of a Federal
agency shall make management decisions on all findings and
recommendations set forth in an audit report of the inspector
general of the agency within a maximum of six months after the
issuance of the report.
``(2) The head of a Federal agency shall make management
decisions on all findings and recommendations set forth in an
audit report of any auditor from outside the Federal Government
within a maximum of six months after the date on which the head
of the agency receives the report.
``(b) Completion of Final Action.--The head of a Federal
agency shall complete final action on each management decision
required with regard to a recommendation in an inspector
general's report under subsection (a)(1) within 12 months after
the date of the inspector general's report. If the head of the
agency fails to complete final action with regard to a
management decision within the 12-month period, the inspector
general concerned shall identify the matter in each of the
inspector general's semiannual reports pursuant to section
5(a)(3) of the Inspector General Act of 1978 (5 U.S.C. App.)
until final action on the management decision is completed.''.
SEC. 811. TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE SUBCONTRACTING
PLANS.
(a) Revision of Authority.--Subsection (a) of section 834
of National Defense Authorization Act for Fiscal Years 1990 and
1991 (15 U.S.C. 637 note) is amended by striking out paragraph
(1) and inserting in lieu thereof the following:
``(1) The Secretary of Defense shall establish a test
program under which contracting activities in the military
departments and the Defense Agencies are authorized to
undertake one or more demonstration projects to determine
whether the negotiation and administration of comprehensive
subcontracting plans will reduce administrative burdens on
contractors while enhancing opportunities provided under
Department of Defense contracts for small business concerns and
small business concerns owned and controlled by socially and
economically disadvantaged individuals. In selecting the
contracting activities to undertake demonstration projects, the
Secretary shall take such action as is necessary to ensure that
a broad range of the supplies and services acquired by the
Department of Defense are included in the test program.''.
(b) Covered Contractors.--Subsection (b) of such section is
amended by striking out paragraph (3) and inserting in lieu
thereof the following:
``(3) A Department of Defense contractor referred to in
paragraph (1) is, with respect to a comprehensive
subcontracting plan negotiated in any fiscal year, a business
concern that, during the immediately preceding fiscal year,
furnished the Department of Defense with supplies or services
(including professional services, research and development
services, and construction services) pursuant to at least three
Department of Defense contracts having an aggregate value of at
least $5,000,000.''.
(c) Technical Amendments.--Such section is amended--
(1) by striking out subsection (g); and
(2) by redesignating subsection (h) as subsection
(g).
SEC. 812. PROCUREMENT OF ITEMS FOR EXPERIMENTAL OR TEST PURPOSES.
Section 2373(b) of title 10, United States Code, is amended
by inserting ``only'' after ``applies'' in the second sentence.
SEC. 813. USE OF FUNDS FOR ACQUISITION OF DESIGNS, PROCESSES, TECHNICAL
DATA, AND COMPUTER SOFTWARE.
Section 2386(3) of title 10, United States Code, is amended
to read as follows:
``(3) Design and process data, technical data, and
computer software.''.
SEC. 814. INDEPENDENT COST ESTIMATES FOR MAJOR DEFENSE ACQUISITION
PROGRAMS.
Section 2434(b)(1)(A) of title 10, United States Code, is
amended to read as follows:
``(A) be prepared--
``(i) by an office or other entity
that is not under the supervision,
direction, or control of the military
department, Defense Agency, or other
component of the Department of Defense
that is directly responsible for
carrying out the development or
acquisition of the program; or
``(ii) if the decision authority
for the program has been delegated to
an official of a military department,
Defense Agency, or other component of
the Department of Defense, by an office
or other entity that is not directly
responsible for carrying out the
development or acquisition of the
program; and''.
SEC. 815. CONSTRUCTION, REPAIR, ALTERATION, FURNISHING, AND EQUIPPING
OF NAVAL VESSELS.
(a) Applicability of Certain Law.--Chapter 633 of title 10,
United States Code, is amended by inserting after section 7297
the following:
``Sec. 7299. Contracts: applicability of Walsh-Healey Act
``Each contract for the construction, alteration,
furnishing, or equipping of a naval vessel is subject to the
Walsh-Healey Act (41 U.S.C. 35 et seq.) unless the President
determines that this requirement is not in the interest of
national defense.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7297 the following:
``7299. Contracts: applicability of Walsh-Healey Act.''.
Subtitle B--Other Matters
SEC. 821. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
(a) Funding.--Of the amount authorized to be appropriated
under section 301(5), $12,000,000 shall be available for
carrying out the provisions of chapter 142 of title 10, United
States Code.
(b) Specific Programs.--Of the amounts made available
pursuant to subsection (a), $600,000 shall be available for
fiscal year 1996 for the purpose of carrying out programs
sponsored by eligible entities referred to in subparagraph (D)
of section 2411(1) of title 10, United States Code, that
provide procurement technical assistance in distressed areas
referred to in subparagraph (B) of section 2411(2) of such
title. If there is an insufficient number of satisfactory
proposals for cooperative agreements in such distressed areas
to allow effective use of the funds made available in
accordance with this subsection in such areas, the funds shall
be allocated among the Defense Contract Administration Services
regions in accordance with section 2415 of such title.
SEC. 822. DEFENSE FACILITY-WIDE PILOT PROGRAM.
(a) Authority To Conduct Defense Facility-Wide Pilot
Program.--The Secretary of Defense may conduct a pilot program,
to be known as the ``defense facility-wide pilot program'', for
the purpose of determining the potential for increasing the
efficiency and effectiveness of the acquisition process in
facilities by using commercial practices on a facility-wide
basis.
(b) Designation of Participating Facilities.--(1) Subject
to paragraph (2), the Secretary may designate up to two
facilities as participants in the defense facility-wide pilot
program.
(2) The Secretary may designate for participation in the
pilot program only those facilities that are authorized to be
so designated in a law authorizing appropriations for national
defense programs that is enacted after the date of the
enactment of this Act.
(c) Scope of Program.--At a facility designated as a
participant in the pilot program, the pilot program shall
consist of the following:
(1) All contracts and subcontracts for defense
supplies and services that are performed at the
facility.
(2) All Department of Defense contracts and all
subcontracts under Department of Defense contracts
performed elsewhere that the Secretary determines are
directly and substantially related to the production of
defense supplies and services at the facility and are
necessary for the pilot program.
(d) Criteria for Designation of Participating Facilities.--
The Secretary shall establish criteria for selecting a facility
for designation as a participant in the pilot program. In
developing such criteria, the Secretary shall consider the
following:
(1) The number of existing and anticipated
contracts and subcontracts performed at the facility--
(A) for which contractors are required to
provide certified cost or pricing data pursuant
to section 2306a of title 10, United States
Code; and
(B) which are administered with the
application of cost accounting standards under
section 26(f) of the Office of Federal
Procurement Policy Act (41 U.S.C. 422(f)).
(2) The relationship of the facility to other
organizations and facilities performing under contracts
with the Department of Defense and subcontracts under
such contracts.
(3) The impact that the participation of the
facility under the pilot program would have on
competing domestic manufacturers.
(4) Such other factors as the Secretary considers
appropriate.
(e) Notification.--(1) The Secretary shall transmit to the
Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a written
notification of each facility proposed to be designated by the
Secretary for participation in the pilot program.
(2) The Secretary shall include in the notification
regarding a facility designated for participation in the
program a management plan addressing the following:
(A) The proposed treatment of research and
development contracts or subcontracts to be performed
at the facility during the pilot program.
(B) The proposed treatment of the cost impact of
the use of commercial practices on the award and
administration of contracts and subcontracts performed
at the facility.
(C) The proposed method for reimbursing the
contractor for existing and new contracts.
(D) The proposed method for measuring the
performance of the facility for meeting the management
goals of the Secretary.
(E) Estimates of the annual amount and the total
amount of the contracts and subcontracts covered under
the pilot program.
(3)(A) The Secretary shall ensure that the management plan
for a facility provides for attainment of the following
objectives:
(i) A significant reduction of the cost to the
Government for programs carried out at the facility.
(ii) A reduction of the schedule associated with
programs carried out at the facility.
(iii) An increased used of commercial practices and
procedures for programs carried at the facility.
(iv) Protection of a domestic manufacturer
competing for contracts at such facility from being
placed at a significant competitive disadvantage by the
participation of the facility in the pilot program.
(B) The management plan for a facility shall also require
that all or substantially all of the contracts to be awarded
and performed at the facility after the designation of that
facility under subsection (b), and all or substantially all of
the subcontracts to be awarded under those contracts and
performed at the facility after the designation, be--
(i) for the production of supplies or services on a
firm-fixed price basis;
(ii) awarded without requiring the contractors or
subcontractors to provide certified cost or pricing
data pursuant to section 2306a of title 10, United
States Code; and
(iii) awarded and administered without the
application of cost accounting standards under section
26(f) of the Office of Federal Procurement Policy Act
(41 U.S.C. 422(f)).
(f) Exemption From Certain Requirements.--In the case of a
contract or subcontract that is to be performed at a facility
designated for participation in the defense facility-wide pilot
program and that is subject to section 2306a of title 10,
United States Code, or section 26(f) of the Office of Federal
Procurement Policy Act (41 U.S.C. 422(f)), the Secretary of
Defense may exempt such contract or subcontract from the
requirement to obtain certified cost or pricing data under such
section 2306a or the requirement to apply mandatory cost
accounting standards under such section 26(f) if the Secretary
determines that the contract or subcontract--
(1) is within the scope of the pilot program (as
described in subsection (c)); and
(2) is fairly and reasonably priced based on
information other than certified cost and pricing data.
(g) Special Authority.--The authority provided under
subsection (a) includes authority for the Secretary of
Defense--
(1) to apply any amendment or repeal of a provision
of law made in this Act to the pilot program before the
effective date of such amendment or repeal; and
(2) to apply to a procurement of items other than
commercial items under such program--
(A) the authority provided in section 34 of
the Office of Federal Procurement Policy Act
(41 U.S.C. 430) to waive a provision of law in
the case of commercial items, and
(B) any exception applicable under this Act
or the Federal Acquisition Streamlining Act of
1994 (Public Law 103-355) (or an amendment made
by a provision of either Act) in the case of
commercial items,
before the effective date of such provision (or
amendment) to the extent that the Secretary determines
necessary to test the application of such waiver or
exception to procurements of items other than
commercial items.
(h) Applicability.--(1) Subsections (f) and (g) apply to
the following contracts, if such contracts are within the scope
of the pilot program at a facility designated for the pilot
program under subsection (b):
(A) A contract that is awarded or modified during
the period described in paragraph (2).
(B) A contract that is awarded before the beginning
of such period, that is to be performed (or may be
performed), in whole or in part, during such period,
and that may be modified as appropriate at no cost to
the Government.
(2) The period referred to in paragraph (1), with respect
to a facility designated under subsection (b), is the period
that--
(A) begins 45 days after the date of the enactment
of the Act authorizing the designation of that facility
in accordance with paragraph (2) of such subsection;
and
(B) ends on September 30, 2000.
(i) Commercial Practices Encouraged.--With respect to
contracts and subcontracts within the scope of the defense
facility-wide pilot program, the Secretary of Defense may, to
the extent the Secretary determines appropriate and in
accordance with applicable law, adopt commercial practices in
the administration of contracts and subcontracts. Such
commercial practices may include the following:
(1) Substitution of commercial oversight and
inspection procedures for Government audit and access
to records.
(2) Incorporation of commercial oversight,
inspection, and acceptance procedures.
(3) Use of alternative dispute resolution
techniques (including arbitration).
(4) Elimination of contract provisions authorizing
the Government to make unilateral changes to contracts.
SEC. 823. TREATMENT OF DEPARTMENT OF DEFENSE CABLE TELEVISION FRANCHISE
AGREEMENTS.
Not later than 180 days after the date of the enactment of
this Act, the chief judge of the United States Court of Federal
Claims shall transmit to Congress a report containing an
advisory opinion on the following two questions:
(1) Is it within the power of the executive branch
to treat cable television franchise agreements for the
construction, installation, or capital improvement of
cable television systems at military installations of
the Department of Defense as contracts under part 49 of
the Federal Acquisition Regulation without violating
title VI of the Communications Act of 1934 (47 U.S.C.
521 et seq.)?
(2) If the answer to the question in paragraph (1)
is in the affirmative, is the executive branch required
by law to so treat such franchise agreements?
SEC. 824. EXTENSION OF PILOT MENTOR-PROTEGE PROGRAM.
Section 831 (j)(1) of the National Defense Authorization
Act for Fiscal Year 1991 (10 U.S.C. 2301 note) is amended by
striking out ``1995'' and inserting in lieu thereof ``1996''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General Matters
SEC. 901. ORGANIZATION OF THE OFFICE OF THE SECRETARY OF DEFENSE.
(a) Findings.--Congress makes the following findings:
(1) The statutory provisions that as of the date of
the enactment of this Act govern the organization of
the Office of the Secretary of Defense have evolved
from enactment of a number of executive branch
legislative proposals and congressional initiatives
over a period of years.
(2) The May 1995 report of the congressionally
mandated Commission on Roles and Missions of the Armed
Forces included a number of recommendations relating to
the Office of the Secretary of Defense.
(3) The Secretary of Defense has decided to create
a special Department task force and to conduct other
reviews to review many of the Commission's
recommendations.
(4) The Secretary of Defense has decided to
institute a 5-percent per year reduction of civilian
personnel assigned to the Office of the Secretary of
Defense, including the Washington Headquarters Service
and the Defense Support Activities, for the period from
fiscal year 1996 through fiscal year 2001.
(5) Over the ten-year period from 1986 through
1995, defense spending in real dollars has been reduced
by 34 percent and military end-strengths have been
reduced by 28 percent. During the same period, the
number of civilian employees of the Office of the
Secretary of Defense has increased by 22 percent.
(6) To achieve greater efficiency and to revalidate
the role and mission of the Office of the Secretary of
Defense, a comprehensive review of the organizations
and functions of that Office and of the personnel
needed to carry out those functions is required.
(b) Review.--The Secretary of Defense shall conduct a
further review of the organizations and functions of the Office
of the Secretary of Defense, including the Washington
Headquarters Service and the Defense Support Activities, and
the personnel needed to carry out those functions. The review
shall include the following:
(1) An assessment of the appropriate functions of
the Office and whether the Office of the Secretary of
Defense or some of its component parts should be
organized along mission lines.
(2) An assessment of the adequacy of the present
organizational structure to efficiently and effectively
support the Secretary in carrying out his
responsibilities in a manner that ensures civilian
authority in the Department of Defense.
(3) An assessment of the advantages and
disadvantages of the use of political appointees to
fill the positions of the various Under Secretaries of
Defense, Assistant Secretaries of Defense, and Deputy
Under Secretaries of Defense.
(4) An assessment of the extent of unnecessary
duplication of functions between the Office of the
Secretary of Defense and the Joint Staff.
(5) An assessment of the extent of unnecessary
duplication of functions between the Office of the
Secretary of Defense and the military departments.
(6) An assessment of the appropriate number of
positions referred to in paragraph (3) and of Deputy
Assistant Secretaries of Defense.
(7) An assessment of whether some or any of the
functions currently performed by the Office of
Humanitarian and Refugee Affairs are more properly or
effectively performed by another agency of Government
or elsewhere within the Department of Defense.
(8) An assessment of the efficacy of the Joint
Requirements Oversight Council and whether it is
advisable or necessary to establish a statutory charter
for this organization.
(9) An assessment of any benefits or efficiencies
derived from decentralizing certain functions currently
performed by the Office of the Secretary of Defense.
(10) An assessment of the appropriate size, number,
and functional responsibilities of the Defense Agencies
and other Department of Defense support organizations.
(c) Report.--Not later than March 1, 1996, the Secretary of
Defense shall submit to the congressional defense committees a
report containing --
(1) his findings and conclusions resulting from the
review under subsection (b); and
(2) a plan for implementing resulting
recommendations, including proposals for legislation
(with supporting rationale) that would be required as a
result of the review.
(d) Personnel Reduction.--(1) Effective October 1, 1999,
the number of OSD personnel may not exceed 75 percent of the
number of OSD personnel as of October 1, 1994.
(2) For purposes of this subsection, the term ``OSD
personnel'' means military and civilian personnel of the
Department of Defense who are assigned to, or employed in,
functions in the Office of the Secretary of Defense (including
Direct Support Activities of that Office and the Washington
Headquarters Services of the Department of Defense).
(3) In carrying out reductions in the number of personnel
assigned to, or employed in, the Office of the Department of
Defense in order to comply with paragraph (1), the Secretary
may not reassign functions solely in order to evade the
requirement contained in that paragraph.
(4) If the Secretary of Defense determines, and certifies
to Congress, that the limitation in paragraph (1) would
adversely affect United States national security, the
limitation under paragraph (1) shall be applied by substituting
``80 percent'' for ``75 percent''.
SEC. 902. REDUCTION IN NUMBER OF ASSISTANT SECRETARY OF DEFENSE
POSITIONS.
(a) Reduction.--Section 138(a) of title 10, United States
Code, is amended by striking out ``eleven'' and inserting in
lieu thereof ``ten''.
(b) Conforming Amendment.--Section 5315 of title 5, United
States Code, is amended by striking out ``(11)'' after
``Assistant Secretaries of Defense'' and inserting in lieu
thereof ``(10)''.
SEC. 903. DEFERRED REPEAL OF VARIOUS STATUTORY POSITIONS AND OFFICES IN
OFFICE OF THE SECRETARY OF DEFENSE.
(a) Effective Date.--The amendments made by this section
shall take effect on January 31, 1997.
(b) Termination of Specification by Law of ASD Positions.--
Subsection (b) of section 138 of title 10, United States Code,
is amended to read as follows:
``(b) The Assistant Secretaries shall perform such duties
and exercise such powers as the Secretary of Defense may
prescribe.''.
(c) Repeal of Certain OSD Presidential Appointment
Positions.--The following sections of chapter 4 of such title
are repealed:
(1) Section 133a, relating to the Deputy Under
Secretary of Defense for Acquisition and Technology.
(2) Section 134a, relating to the Deputy Under
Secretary of Defense for Policy.
(3) Section 134a, relating to the Director of
Defense Research and Engineering.
(4) Section 139, relating to the Director of
Operational Test and Evaluation.
(5) Section 142, relating to the Assistant to the
Secretary of Defense for Nuclear and Chemical and
Biological Defense Programs.
(d) Director of Military Relocation Assistance Programs.--
Section 1056 of such title is amended by striking out
subsection (d).
(e) Conforming Amendments Relating to Repeal of Various OSD
Positions.--Chapter 4 of such title is further amended--
(1) in section 131(b)--
(A) by striking out paragraphs (6) and (8);
and
(B) by redesignating paragraphs (7), (9),
(10), and (11), as paragraphs (6), (7), (8),
and (9), respectively;
(2) in section 138(d), by striking out ``the Under
Secretaries of Defense, and the Director of Defense
Research and Engineering'' and inserting in lieu
thereof ``and the Under Secretaries of Defense''; and
(3) in the table of sections at the beginning of
the chapter, by striking out the items relating to
sections 133a, 134a, 137, 139, and 142.
(f) Conforming Amendments Relating to Repeal of
Specification of ASD Positions.--
(1) Section 176(a)(3) of title 10, United States
Code, is amended--
(A) by striking out ``Assistant Secretary
of Defense for Health Affairs'' and inserting
in lieu thereof ``official in the Department of
Defense with principal responsibility for
health affairs''; and
(B) by striking out ``Chief Medical
Director of the Department of Veterans
Affairs'' and inserting in lieu thereof ``Under
Secretary for Health of the Department of
Veterans Affairs''.
(2) Section 1216(d) of such title is amended by
striking out ``Assistant Secretary of Defense for
Health Affairs'' and inserting in lieu thereof
``official in the Department of Defense with principal
responsibility for health affairs''.
(3) Section 1587(d) of such title is amended by
striking out ``Assistant Secretary of Defense for
Manpower and Logistics'' and inserting in lieu thereof
``official in the Department of Defense with principal
responsibility for personnel and readiness''.
(4) The text of section 10201 of such title is
amended to read as follows:
``The official in the Department of Defense with
responsibility for overall supervision of reserve component
affairs of the Department of Defense is the official designated
by the Secretary of Defense to have that responsibility.''.
(5) Section 1211(b)(2) of the National Defense
Authorization Act for Fiscal Years 1988 and 1989 (P.L.
100-180; 101 Stat 1155; 10 U.S.C. 167 note) is amended
by striking out ``the Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict'' and
inserting in lieu thereof ``the official designated by
the Secretary of Defense to have principal
responsibility for matters relating to special
operations and low intensity conflict''.
(g) Conforming Amendments Relating to Operational Test and
Evaluation Authority.--(1) Subsection (a) of section 2399 of
title 10, United States Code, is amended--
(A) by inserting ``a conventional weapons system
that'' after ``means'' in the matter in paragraph (2)
preceding subparagraph (A);
(B) by striking out ``a conventional weapons system
that'' in paragraph (2)(A); and
(C) by adding at the end the following new
paragraph:
``(3) The Secretary of Defense shall designate an official
of the Department of Defense to perform the duties of the
position referred to in this section as the `designated OT&E
official'.''.
(2) Subsection (b) of such section is amended--
(A) by striking out ``Director of Operational Test
and Evaluation of the Department of Defense'' in
paragraph (1) and inserting in lieu thereof
``designated OT&E official''; and
(B) by striking out ``Director'' each place it
appears in paragraphs (2), (3), and (4) and inserting
in lieu thereof ``designated OT&E official''.
(3) Subsection (c)(1) of such section is amended by
striking out ``Director of Operational Test and Evaluation of
the Department of Defense'' and inserting in lieu thereof
``designated OT&E official''.
(4) Subsection (e) of such section is amended by striking
out ``Director'' each place it appears and inserting in lieu
thereof ``designated OT&E official''.
(5) Such section is further amended--
(A) by striking out subsection (g); and
(B) by redesignating subsection (h) as subsection
(g).
(h) Repeal of Minimum Number of Senior Staff for Specified
Assistant Secretary of Defense.--Section 355 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
510; 104 Stat. 1540) is repealed.
SEC. 904. REDESIGNATION OF THE POSITION OF ASSISTANT TO THE SECRETARY
OF DEFENSE FOR ATOMIC ENERGY.
(a) In General.--(1) Section 142 of title 10, United States
Code, is amended--
(A) by striking out the section heading and
inserting in lieu thereof the following:
``Sec. 142. Assistant to the Secretary of Defense for Nuclear and
Chemical and Biological Defense Programs'';
(B) in subsection (a), by striking out ``Assistant
to the Secretary of Defense for Atomic Energy'' and
inserting in lieu thereof ``Assistant to the Secretary
of Defense for Nuclear and Chemical and Biological
Defense Programs''; and
(C) by striking out subsection (b) and inserting in
lieu thereof the following:
``(b) The Assistant to the Secretary shall--
``(1) advise the Secretary of Defense on nuclear
energy, nuclear weapons, and chemical and biological
defense;
``(2) serve as the Staff Director of the Nuclear
Weapons Council established by section 179 of this
title; and
``(3) perform such additional duties as the
Secretary may prescribe.''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 4 of such title is amended
to read as follows:
``142. Assistant to the Secretary of Defense for Nuclear and Chemical
and Biological Defense Programs.''.
(b) Conforming Amendments.--(1) Section 179(c)(2) of title
10, United States Code, is amended by striking out ``The
Assistant to the Secretary of Defense for Atomic Energy'' and
inserting in lieu thereof ``The Assistant to the Secretary of
Defense for Nuclear and Chemical and Biological Defense
Programs''.
(2) Section 5316 of title 5, United States Code, is amended
by striking out ``The Assistant to the Secretary of Defense for
Atomic Energy, Department of Defense.'' and inserting in lieu
thereof the following:
``Assistant to the Secretary of Defense for Nuclear
and Chemical and Biological Defense Programs,
Department of Defense.''.
SEC. 905. JOINT REQUIREMENTS OVERSIGHT COUNCIL.
(a) In General.--(1) Chapter 7 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 181. Joint Requirements Oversight Council
``(a) Establishment.--The Secretary of Defense shall
establish a Joint Requirements Oversight Council in the
Department of Defense.
``(b) Mission.--In addition to other matters assigned to it
by the President or Secretary of Defense, the Joint
Requirements Oversight Council shall--
``(1) assist the Chairman of the Joint Chiefs of
Staff in identifying and assessing the priority of
joint military requirements (including existing systems
and equipment) to meet the national military strategy;
``(2) assist the Chairman in considering
alternatives to any acquisition program that has been
identified to meet military requirements by evaluating
the cost, schedule, and performance criteria of the
program and of the identified alternatives; and
``(3) as part of its mission to assist the Chairman
in assigning joint priority among existing and future
programs meeting valid requirements, ensure that the
assignment of such priorities conforms to and reflects
resource levels projected by the Secretary of Defense
through defense planning guidance.
``(c) Composition.--(1) The Joint Requirements Oversight
Council is composed of--
``(A) the Chairman of the Joint Chiefs of Staff,
who is the chairman of the Council;
``(B) an Army officer in the grade of general;
``(C) a Navy officer in the grade of admiral;
``(D) an Air Force officer in the grade of general;
and
``(E) a Marine Corps officer in the grade of
general.
``(2) Members of the Council, other than the Chairman of
the Joint Chiefs of Staff, shall be selected by the Chairman of
the Joint Chiefs of Staff, after consultation with the
Secretary of Defense, from officers in the grade of general or
admiral, as the case may be, who are recommended for such
selection by the Secretary of the military department
concerned.
``(3) The functions of the Chairman of the Joint Chiefs of
Staff as chairman of the Council may only be delegated to the
Vice Chairman of the Joint Chiefs of Staff.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``181. Joint Requirements Oversight Council.''.
(b) Effective Date.--The amendments made by this section
shall take effect on January 31, 1997.
SEC. 906. RESTRUCTURING OF DEPARTMENT OF DEFENSE ACQUISITION
ORGANIZATION AND WORKFORCE.
(a) Restructuring Report.--Not later than March 1, 1996,
the Secretary of Defense shall submit to Congress a report on
the acquisition organization and workforce of the Department of
Defense. The report shall include--
(1) the plan described in subsection (b); and
(2) the assessment of streamlining and
restructuring options described in subsection (c).
(b) Plan for Restructuring.--(1) The Secretary shall
include in the report under subsection (a) a plan on how to
restructure the current acquisition organization of the
Department of Defense in a manner that would enable the
Secretary to accomplish the following:
(A) Reduce the number of military and civilian
personnel assigned to, or employed in, acquisition
organizations of the Department of Defense (as defined
by the Secretary) by 25 percent over a period of five
years, beginning on October 1, 1995.
(B) Eliminate duplication of functions among
existing acquisition organizations of the Department of
Defense.
(C) Maximize opportunity for consolidation among
acquisition organizations of the Department of Defense
to reduce management overhead.
(2) In the report, the Secretary shall also identify any
statutory requirement or congressional directive that inhibits
any proposed restructuring plan or reduction in the size of the
defense acquisition organization.
(3) In designing the plan under paragraph (1), the
Secretary shall give full consideration to the process
efficiencies expected to be achieved through the implementation
of the Federal Acquisition Streamlining Act of 1994 (Public Law
103-355), the Federal Acquisition Reform Act of 1995 (division
D of this Act), and other ongoing initiatives to increase the
use of commercial practices and reduce contract overhead in the
defense procurement system.
(c) Assessment of Specified Restructuring Options.--The
Secretary shall include in the report under subsection (a) a
detailed assessment of each of the following options for
streamlining and restructuring the existing defense acquisition
organization, together with a specific recommendation as to
whether each such option should be implemented:
(1) Consolidation of certain functions of the
Defense Contract Audit Agency and the Defense Contract
Management Command.
(2) Contracting for performance of a significant
portion of the workload of the Defense Contract Audit
Agency and other Defense Agencies that perform
acquisition functions.
(3) Consolidation or selected elimination of
Department of Defense acquisition organizations.
(4) Any other defense acquisition infrastructure
streamlining or restructuring option the Secretary may
determine.
(d) Reduction of Acquisition Workforce.--(1) The Secretary
of Defense shall accomplish reductions in defense acquisition
personnel positions during fiscal year 1996 so that the total
number of such personnel as of October 1, 1996, is less than
the total number of such personnel as of October 1, 1995, by at
least 15,000.
(2) For purposes of this subsection, the term ``defense
acquisition personnel'' means military and civilian personnel
assigned to, or employed in, acquisition organizations of the
Department of Defense (as specified in Department of Defense
Instruction numbered 5000.58 dated January 14, 1992) with the
exception of personnel who possess technical competence in
trade-skill maintenance and repair positions involved in
performing depot maintenance functions.
SEC. 907. REPORT ON NUCLEAR POSTURE REVIEW AND ON PLANS FOR NUCLEAR
WEAPONS MANAGEMENT IN EVENT OF ABOLITION OF
DEPARTMENT OF ENERGY.
(a) Report Required.--The Secretary of Defense shall submit
to Congress a report concerning the nuclear weapons complex.
The report shall set forth--
(1) the Secretary's views on the effectiveness of
the Department of Energy in managing the nuclear
weapons complex, including the fulfillment of the
requirements for nuclear weapons established for the
Department of Energy in the Nuclear Posture Review; and
(1) the Secretary's recommended plan for the
incorporation into the Department of Defense of the
national security programs of the Department of Energy
if the Department of Energy should be abolished and
those programs be transferred to the Department of
Defense.
(b) Definition.--For purposes of this section, the term
``Nuclear Posture Review'' means the Department of Defense
Nuclear Posture Review as contained in the report entitled
``Report of the Secretary of Defense to the President and the
Congress'', dated February 19, 1995, or in subsequent such
reports.
(c) Submission Of Report.--The report under subsection (a)
shall be submitted not later than March 15, 1996.
SEC. 908. REDESIGNATION OF ADVANCED RESEARCH PROJECTS AGENCY.
(a) Redesignation.--The agency in the Department of Defense
known as the Advanced Research Projects Agency shall after the
date of the enactment of this Act be designated as the Defense
Advanced Research Projects Agency.
(b) References.--Any reference in any law, regulation,
document, record, or other paper of the United States or in any
provision of this Act to the Advanced Research Projects Agency
shall be considered to be a reference to the Defense Advanced
Research Projects Agency.
SEC. 909. NAVAL NUCLEAR PROPULSION PROGRAM.
(a) Repeal of Provision Giving Permanent Status to
Executive Order.--Effective October 1, 1998, section 1634 of
the Department of Defense Authorization, 1985 (Public Law 98-
525; 42 U.S.C. 7158 note), is repealed.
(b) Notice-and-Wait for Changes to Executive Order.--An
Executive order that includes a provision that after the
effective date of subsection (a) would amend, modify, or repeal
Executive order 12344 (42 U.S.C. 7158 note) may not be issued
until 60 days after the date on which notice of the intent to
issue an Executive order containing such a provision (together
with the text of that provision) is submitted in writing to the
congressional defense committees.
Subtitle B--Financial Management
SEC. 911. TRANSFER AUTHORITY REGARDING FUNDS AVAILABLE FOR FOREIGN
CURRENCY FLUCTUATIONS.
(a) Transfers to Military Personnel Accounts Authorized.--
Section 2779 of title 10, United States Code, is amended by
adding at the end the following:
``(c) Transfers to Military Personnel Accounts.--The
Secretary of Defense may transfer funds to military personnel
appropriations for a fiscal year out of funds available to the
Department of Defense for that fiscal year under the
appropriation `Foreign Currency Fluctuations, Defense'.''.
(b) Revision and Codification of Authority for Transfers to
Foreign Currency Fluctuations Account.--Section 2779 of such
title, as amended by subsection (a), is further amended by
adding at the end the following:
``(d) Transfers to Foreign Currency Fluctuations Account.--
(1) The Secretary of Defense may transfer to the appropriation
`Foreign Currency Fluctuations, Defense' unobligated amounts of
funds appropriated for operation and maintenance and
unobligated amounts of funds appropriated for military
personnel.
``(2) Any transfer from an appropriation under paragraph
(1) shall be made not later than the end of the second fiscal
year following the fiscal year for which the appropriation is
provided.
``(3) Any transfer made pursuant to the authority provided
in this subsection shall be limited so that the amount in the
appropriation `Foreign Currency Fluctuations, Defense' does not
exceed $970,000,000 at the time the transfer is made.''.
(c) Conditions of Availability for Transferred Funds.--
Section 2779 of such title, as amended by subsection (b), is
further amended by adding at the end the following:
``(e) Conditions of Availability for Transferred Funds.--
Amounts transferred under subsection (c) or (d) shall be merged
with and be available for the same purposes and for the same
period as the appropriations to which transferred.''.
(d) Repeal of Superseded Provisions.--(1) Section 767A of
Public Law 96-527 (94 Stat. 3093) is repealed.
(2) Section 791 of the Department of Defense Appropriation
Act, 1983 (enacted in section 101(c) of Public Law 97-377; 96
Stat. 1865) is repealed.
(e) Technical Amendments.--Section 2779 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking out ``(a)(1)''
and inserting in lieu thereof ``(a) Transfers Back to
Foreign Currency Fluctuations Appropriation.--(1)'';
(2) in subsection (a)(2), by striking out ``2d
fiscal year'' and inserting in lieu thereof ``second
fiscal year''; and
(3) in subsection (b), by striking out ``(b)(1)''
and inserting in lieu thereof ``(b) Funding for Losses
in Military Construction and Family Housing.--(1)''.
(f) Effective Date.--Subsections (c) and (d) of section
2779 of title 10, United States Code, as added by subsections
(a) and (b), and the repeals made by subsection (d), shall
apply only with respect to amounts appropriated for a fiscal
year after fiscal year 1995.
SEC. 912. DEFENSE MODERNIZATION ACCOUNT.
(a) Establishment and Use.--(1) Chapter 131 of title 10,
United States Code, is amended by inserting after section 2215
the following new section:
``Sec. 2216. Defense Modernization Account
``(a) Establishment.--There is established in the Treasury
an account to be known as the `Defense Modernization Account'.
``(b) Transfers to Account.--(1)(A) Upon a determination by
the Secretary of a military department or the Secretary of
Defense with respect to Defense-wide appropriations accounts of
the availability and source of funds described in subparagraph
(B), that Secretary may transfer to the Defense Modernization
Account during any fiscal year any amount of funds available to
the Secretary described in that subparagraph. Such funds may be
transferred to that account only after the Secretary concerned
notifies the congressional defense committees in writing of the
amount and source of the proposed transfer.
``(B) This subsection applies to the following funds
available to the Secretary concerned:
``(i) Unexpired funds in appropriations accounts
that are available for procurement and that, as a
result of economies, efficiencies, and other savings
achieved in a carrying out a particular procurement,
are excess to the requirements of that procurement.
``(ii) Unexpired funds that are available during
the final 30 days of a fiscal year for support of
installations and facilities and that, as a result of
economies, efficiencies, and other savings, are excess
to the requirements for support of installations and
facilities.
``(C) Any transfer under subparagraph (A) shall be made
under regulations prescribed by the Secretary of Defense.
``(2) Funds referred to in paragraph (1) may not be
transferred to the Defense Modernization Account if--
``(A) the funds are necessary for programs,
projects, and activities that, as determined by the
Secretary, have a higher priority than the purposes for
which the funds would be available if transferred to
that account; or
``(B) the balance of funds in the account, after
transfer of funds to the account, would exceed
$1,000,000,000.
``(3) Amounts credited to the Defense Modernization Account
shall remain available for transfer until the end of the third
fiscal year that follows the fiscal year in which the amounts
are credited to the account.
``(4) The period of availability of funds for expenditure
provided for in sections 1551 and 1552 of title 31 may not be
extended by transfer into the Defense Modernization Account.
``(c) Scope of Use of Funds.--Funds transferred to the
Defense Modernization Account from funds appropriated for a
military department, Defense Agency, or other element of the
Department of Defense shall be available in accordance with
subsections (f) and (g) only for transfer to funds available
for that military department, Defense Agency, or other element.
``(d) Authorized Use of Funds.--Funds available from the
Defense Modernization Account pursuant to subsection (f) or (g)
may be used for the following purposes:
``(1) For increasing, subject to subsection (e),
the quantity of items and services procured under a
procurement program in order to achieve a more
efficient production or delivery rate.
``(2) For research, development, test, and
evaluation and for procurement necessary for
modernization of an existing system or of a system
being procured under an ongoing procurement program.
``(e) Limitations.--(1) Funds in the Defense Modernization
Account may not be used to increase the quantity of an item or
services procured under a particular procurement program to the
extent that doing so would--
``(A) result in procurement of a total quantity of
items or services in excess of--
``(i) a specific limitation provided by law
on the quantity of the items or services that
may be procured; or
``(ii) the requirement for the items or
services as approved by the Joint Requirements
Oversight Council and reported to Congress by
the Secretary of Defense; or
``(B) result in an obligation or expenditure of
funds in excess of a specific limitation provided by
law on the amount that may be obligated or expended,
respectively, for that procurement program.
``(2) Funds in the Defense Modernization Account may not be
used for a purpose or program for which Congress has not
authorized appropriations.
``(3) Funds may not be transferred from the Defense
Modernization Account in any year for the purpose of--
``(A) making an expenditure for which there is no
corresponding obligation; or
``(B) making an expenditure that would satisfy an
unliquidated or unrecorded obligation arising in a
prior fiscal year.
``(f) Transfer of Funds.--(1) The Secretary of Defense may
transfer funds in the Defense Modernization Account to
appropriations available for purposes set forth in subsection
(d).
``(2) Funds in the Defense Modernization Account may not be
transferred under paragraph (1) until 30 days after the date on
which the Secretary concerned notifies the congressional
defense committees in writing of the amount and purpose of the
proposed transfer.
``(3) The total amount of transfers from the Defense
Modernization Account during any fiscal year under this
subsection may not exceed $500,000,000.
``(g) Availability of Funds by Appropriation.--In addition
to transfers under subsection (f), funds in the Defense
Modernization Account may be made available for purposes set
forth in subsection (d) in accordance with the provisions of
appropriations Acts, but only to the extent authorized in an
Act other than an appropriations Act.
``(h) Secretary To Act Through Comptroller.--The Secretary
of Defense shall carry out this section through the Under
Secretary of Defense (Comptroller), who shall be authorized to
implement this section through the issuance of any necessary
regulations, policies, and procedures after consultation with
the General Counsel and Inspector General of the Department of
Defense.
``(i) Quarterly Reports.--(1) Not later than 15 days after
the end of each calendar quarter, the Secretary of Defense
shall submit to the congressional committees specified in
paragraph (2) a report on the Defense Modernization Account.
Each such report shall set forth the following:
``(A) The amount and source of each credit to the
account during that quarter.
``(B) The amount and purpose of each transfer from
the account during that quarter.
``(C) The balance in the account at the end of the
quarter and, of such balance, the amount attributable
to transfers to the account from each Secretary
concerned.
``(2) The committees referred to in paragraph (1) are the
congressional defense committees and the Committee on
Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of
Representatives.
``(j) Definitions.--In this section:
``(1) The term `Secretary concerned' includes the
Secretary of Defense with respect to Defense-wide
appropriations accounts.
``(2) The term `unexpired funds' means funds
appropriated for a definite period that remain
available for obligation.
``(3) The term `congressional defense committees'
means--
``(A) the Committee on Armed Services and
the Committee on Appropriations of the Senate;
and
``(B) the Committee on National Security
and the Committee on Appropriations of the
House of Representatives.''.
(2) The table of sections at the beginning of chapter 131
of such title is amended by inserting after the item relating
to section 2215 the following new item:
``2216. Defense Modernization Account.''.
(b) Effective Date.--Section 2216 of title 10, United
States Code (as added by subsection (a)), shall apply only to
funds appropriated for fiscal years after fiscal year 1995.
(c) Expiration of Authority and Account.--(1) The authority
under section 2216(b) of title 10, United States Code (as added
by subsection (a)), to transfer funds into the Defense
Modernization Account terminates at the close of September 30,
2003.
(2) Three years after the termination date specified in
paragraph (1), the Defense Modernization Account shall be
closed and any remaining balance in the account shall be
canceled and thereafter shall not be available for any purpose.
(d) GAO Reviews.--(1) The Comptroller General of the United
States shall conduct two reviews of the administration of the
Defense Modernization Account. In each review, the Comptroller
General shall assess the operations and benefits of the
account.
(2) Not later than March 1, 2000, the Comptroller General
shall--
(A) complete the first review; and
(B) submit to the specified committees of Congress
an initial report on the administration and benefits of
the Defense Modernization Account.
(3) Not later than March 1, 2003, the Comptroller General
shall--
(A) complete the second review; and
(B) submit to the specified committees of Congress
a final report on the administration and benefits of
the Defense Modernization Account.
(4) Each such report shall include any recommended
legislation regarding the account that the Comptroller General
considers appropriate.
(5) For purposes of this subsection, the term ``specified
committees of Congress'' means the congressional committees
referred to in section 2216(i)(2) of title 10, United States
Code, as added by subsection (a).
SEC. 913. DESIGNATION AND LIABILITY OF DISBURSING AND CERTIFYING
OFFICIALS.
(a) Disbursing Officials.--(1) Section 3321(c) of title 31,
United States Code, is amended by striking out paragraph (2)
and inserting in lieu thereof the following:
``(2) The Department of Defense.''.
(2) Section 2773 of title 10, United States Code, is
amended--
(A) in subsection (a)--
(i) in paragraph(1), by striking out ``With
the approval of a Secretary of a military
department when the Secretary considers it
necessary, a disbursing official of the
military department'' and inserting in lieu
thereof ``Subject to paragraph (3), a
disbursing official of the Department of
Defense''; and
(ii) by adding at the end the following new
paragraph:
``(3) A disbursing official may make a designation under
paragraph (1) only with the approval of the Secretary of
Defense or, in the case of a disbursing official of a military
department, the Secretary of that military department.''; and
(B) in subsection (b)(1), by striking out ``any
military department'' and inserting in lieu thereof
``the Department of Defense''.
(b) Designation of Members of the Armed Forces To Have
Authority To Certify Vouchers.--Section 3325(b) of title 31,
United States Code, is amended to read as follows:
``(b) In addition to officers and employees referred to in
subsection (a)(1)(B) of this section as having authorization to
certify vouchers, members of the armed forces under the
jurisdiction of the Secretary of Defense may certify vouchers
when authorized, in writing, by the Secretary to do so.''.
(c) Conforming Amendments.--(1) Section 1012 of title 37,
United States Code, is amended by striking out ``Secretary
concerned'' both places it appears and inserting in lieu
thereof ``Secretary of Defense''.
(2) Section 1007(a) of title 37, United States Code, is
amended by striking out ``Secretary concerned'' and inserting
in lieu thereof ``Secretary of Defense, or upon the denial of
relief of an officer pursuant to section 3527 of title 31''.
(3)(A) Section 7863 of title 10, United States Code, is
amended--
(i) in the first sentence, by striking out
``disbursements of public moneys or'' and ``the money
was paid or''; and
(ii) in the second sentence, by striking out
``disbursement or''.
(B)(i) The heading of such section is amended to read as
follows:
``Sec. 7863. Disposal of public stores by order of commanding
officer''.
(ii) The item relating to such section in the table of
sections at the beginning of chapter 661 of such title is
amended to read as follows:
``7863. Disposal of public stores by order of commanding officer.''.
(4) Section 3527(b)(1) of title 31, United States Code, is
amended--
(A) by striking out ``a disbursing official of the
armed forces'' and inserting in lieu thereof ``an
official of the armed forces referred to in subsection
(a)'';
(B) by striking out ``records,'' and inserting in
lieu thereof ``records, or a payment described in
section 3528(a)(4)(A) of this title,'';
(C) by redesignating subparagraphs (A), (B), and
(C) as clauses (i), (ii), and (iii), and realigning
such clauses four ems from the left margin;
(D) by inserting before clause (i), as so
redesignated, the following:
``(A) in the case of a physical loss or
deficiency--'';
(E) in clause (iii), as so redesignated, by
striking out the period at the end and inserting in
lieu thereof ``; or''; and
(F) by adding at the end the following:
``(B) in the case of a payment described in section
3528(a)(4)(A) of this title, the Secretary of Defense
or the Secretary of the appropriate military
department, after taking a diligent collection action,
finds that the criteria of section 3528(b)(1) of this
title are satisfied.''.
SEC. 914. FISHER HOUSE TRUST FUNDS.
(a) Establishment.--(1) Chapter 131 of title 10, United
States Code, is amended by adding at the end the following new
section:
``Sec. 2221. Fisher House trust funds
``(a) Establishment.--The following trust funds are
established on the books of the Treasury:
``(1) The Fisher House Trust Fund, Department of
the Army.
``(2) The Fisher House Trust Fund, Department of
the Air Force.
``(b) Investment.--Funds in the trust funds may be invested
in securities of the United States. Earnings and gains realized
from the investment of funds in a trust fund shall be credited
to the trust fund.
``(c) Use of Funds.--(1) Amounts in the Fisher House Trust
Fund, Department of the Army, that are attributable to earnings
or gains realized from investments shall be available for the
operation and maintenance of Fisher houses that are located in
proximity to medical treatment facilities of the Army.
``(2) Amounts in the Fisher House Trust Fund, Department of
the Air Force, that are attributable to earnings or gains
realized from investments shall be available for the operation
and maintenance of Fisher houses that are located in proximity
to medical treatment facilities of the Air Force.
``(3) The use of funds under this section is subject to
section 1321(b)(2) of title 31.
``(d) Fisher House Defined.--In this section, the term
`Fisher house' means a housing facility that--
``(1) is located in proximity to a medical
treatment facility of the Army or the Air Force; and
``(2) is available for residential use on a
temporary basis by patients at such facilities, members
of the family of such patients, and others providing
the equivalent of familial support for such
patients.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2221. Fisher House trust funds.''.
(b) Corpus of Trust Funds.--(1) The Secretary of the
Treasury shall--
(A) close the accounts established with the funds
that were required by section 8019 of Public Law 102-
172 (105 Stat. 1175) and section 9023 of Public Law
102-396 (106 Stat. 1905) to be transferred to an
appropriated trust fund; and
(B) transfer the amounts in such accounts to the
Fisher House Trust Fund, Department of the Army,
established by subsection (a)(1) of section 2221 of
title 10, United States Code, as added by subsection
(a).
(2) The Secretary of the Air Force shall transfer to the
Fisher House Trust Fund, Department of the Air Force,
established by subsection (a)(2) of section 2221 of title 10,
United States Code (as added by section (a)), all amounts in
the accounts for Air Force installations and other facilities
that, as of the date of the enactment of this Act, are
available for operation and maintenance of Fisher houses (as
defined in subsection (d) of such section 2221).
(c) Conforming Amendments.--Section 1321 of title 31,
United States Code, is amended--
(1) by adding at the end of subsection (a) the
following:
``(92) Fisher House Trust Fund, Department of the
Army.
``(93) Fisher House Trust Fund, Department of the
Air Force.''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)'';
(B) in the second sentence, by striking out
``Amounts accruing to these funds (except to
the trust fund `Armed Forces Retirement Home
Trust Fund')'' and inserting in lieu thereof
``Except as provided in paragraph (2), amounts
accruing to these funds'';
(C) by striking out the third sentence; and
(D) by adding at the end the following:
``(2) Expenditures from the following trust funds may be
made only under annual appropriations and only if the
appropriations are specifically authorized by law:
``(A) Armed Forces Retirement Home Trust Fund.
``(B) Fisher House Trust Fund, Department of the
Army.
``(C) Fisher House Trust Fund, Department of the
Air Force.''.
(d) Repeal of Superseded Provisions.--The following
provisions of law are repealed:
(1) Section 8019 of Public Law 102-172 (105 Stat.
1175).
(2) Section 9023 of Public Law 102-396 (106 Stat.
1905).
(3) Section 8019 of Public Law 103-139 (107 Stat.
1441).
(4) Section 8017 of Public Law 103-335 (108 Stat.
2620; 10 U.S.C. 1074 note).
SEC. 915. LIMITATION ON USE OF AUTHORITY TO PAY FOR EMERGENCY AND
EXTRAORDINARY EXPENSES.
Section 127 of title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following
new subsection (c):
``(c)(1) Funds may not be obligated or expended in an
amount in excess of $500,000 under the authority of subsection
(a) or (b) until the Secretary of Defense has notified the
Committee on Armed Services and the Committee on Appropriations
of the Senate and the Committee on National Security and the
Committee on Appropriations of the House of Representatives of
the intent to obligate or expend the funds, and--
``(A) in the case of an obligation or expenditure
in excess of $1,000,000, 15 days have elapsed since the
date of the notification; or
``(B) in the case of an obligation or expenditure
in excess of $500,000, but not in excess of $1,000,000,
5 days have elapsed since the date of the notification.
``(2) Subparagraph (A) or (B) of paragraph (1) shall not
apply to an obligation or expenditure of funds otherwise
covered by such subparagraph if the Secretary of Defense
determines that the national security objectives of the United
States will be compromised by the application of the
subparagraph to the obligation or expenditure. If the Secretary
makes a determination with respect to an obligation or
expenditure under the preceding sentence, the Secretary shall
immediately notify the committees referred to in paragraph (1)
that such obligation or expenditure is necessary and provide
any relevant information (in classified form, if necessary)
jointly to the chairman and ranking minority member (or their
designees) of such committees.
``(3) A notification under paragraph (1) and information
referred to in paragraph (2) shall include the amount to be
obligated or expended, as the case may be, and the purpose of
the obligation or expenditure.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon
determination by the Secretary of Defense that such action is
necessary in the national interest, the Secretary may transfer
amounts of authorizations made available to the Department of
Defense in this division for fiscal year 1996 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations that the Secretary
of Defense may transfer under the authority of this section may
not exceed $2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items
that have a higher priority than the items from which
authority is transferred; and
(2) may not be used to provide authority for an
item that has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex
prepared by the committee on conference to accompany the bill
H.R. 1530 of the One Hundred Fourth Congress and transmitted to
the President is hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to
amounts authorized to be appropriated by other provisions of
this Act.
(c) Limitation on Use of Funds.--Funds appropriated
pursuant to an authorization contained in this Act that are
made available for a program, project, or activity referred to
in the Classified Annex may only be expended for such program,
project, or activity in accordance with such terms, conditions,
limitations, restrictions, and requirements as are set out for
that program, project, or activity in the Classified Annex.
(d) Distribution of Classified Annex.--The President shall
provide for appropriate distribution of the Classified Annex,
or of appropriate portions of the annex, within the executive
branch of the Government.
SEC. 1003. IMPROVED FUNDING MECHANISMS FOR UNBUDGETED OPERATIONS.
(a) Revision of Funding Mechanism.--(1) Section 127a of
title 10, United States Code, is amended to read as follows:
``Sec. 127a. Operations for which funds are not provided in advance:
funding mechanisms
``(a) In General.--(1) The Secretary of Defense shall use
the procedures prescribed by this section with respect to any
operation specified in paragraph (2) that involves--
``(A) the deployment (other than for a training
exercise) of elements of the armed forces for a purpose
other than a purpose for which funds have been
specifically provided in advance; or
``(B) the provision of humanitarian assistance,
disaster relief, or support for law enforcement
(including immigration control) for which funds have
not been specifically provided in advance.
``(2) This section applies to--
``(A) any operation the incremental cost of which
is expected to exceed $50,000,000; and
``(B) any other operation the expected incremental
cost of which, when added to the expected incremental
costs of other operations that are currently ongoing,
is expected to result in a cumulative incremental cost
of ongoing operations of the Department of Defense in
excess of $100,000,000.
Any operation the incremental cost of which is expected not to
exceed $10,000,000 shall be disregarded for the purposes of
subparagraph (B).
``(3) Whenever an operation to which this section applies
is commenced or subsequently becomes covered by this section,
the Secretary of Defense shall designate and identify that
operation for the purposes of this section and shall promptly
notify Congress of that designation (and of the identification
of the operation).
``(4) This section does not provide authority for the
President or the Secretary of Defense to carry out any
operation, but establishes mechanisms for the Department of
Defense by which funds are provided for operations that the
armed forces are required to carry out under some other
authority.
``(b) Waiver of Requirement To Reimburse Support Units.--
(1) The Secretary of Defense shall direct that, when a unit of
the armed forces participating in an operation described in
subsection (a) receives services from an element of the
Department of Defense that operates through the Defense
Business Operations Fund (or a successor fund), such unit of
the armed forces may not be required to reimburse that element
for the incremental costs incurred by that element in providing
such services, notwithstanding any other provision of law or
any Government accounting practice.
``(2) The amounts which but for paragraph (1) would be
required to be reimbursed to an element of the Department of
Defense (or a fund) shall be recorded as an expense
attributable to the operation and shall be accounted for
separately.
``(c) Transfer Authority.--(1) Whenever there is an
operation of the Department of Defense described in subsection
(a), the Secretary of Defense may transfer amounts described in
paragraph (3) to accounts from which incremental expenses for
that operation were incurred in order to reimburse those
accounts for those incremental expenses. Amounts so transferred
shall be merged with and be available for the same purposes as
the accounts to which transferred.
``(2) The total amount that the Secretary of Defense may
transfer under the authority of this section in any fiscal year
is $200,000,000.
``(3) Transfers under this subsection may only be made from
amounts appropriated to the Department of Defense for any
fiscal year that remain available for obligation, other than
amounts within any operation and maintenance appropriation that
are available for (A) an account (known as a budget activity 1
account) that is specified as being for operating forces, or
(B) an account (known as a budget activity 2 account) that is
specified as being for mobilization.
``(4) The authority provided by this subsection is in
addition to any other authority provided by law authorizing the
transfer of amounts available to the Department of Defense.
However, the Secretary may not use any such authority under
another provision of law for a purpose described in paragraph
(1) if there is authority available under this subsection for
that purpose.
``(5) The authority provided by this subsection to transfer
amounts may not be used to provide authority for an activity
that has been denied authorization by Congress.
``(6) A transfer made from one account to another under the
authority of this subsection shall be deemed to increase the
amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
``(d) Report Upon Designation of an Operation.--Within 45
days after the Secretary of Defense identifies an operation
pursuant to subsection (a)(2), the Secretary of Defense shall
submit to Congress a report that sets forth the following:
``(1) The manner by which the Secretary proposes to
obtain funds for the cost to the United States of the
operation, including a specific discussion of how the
Secretary proposes to restore balances in--
``(A) the Defense Business Operations Fund
(or a successor fund), or
``(B) the accounts from which the Secretary
transfers funds under the authority of
subsection (c),
to the levels that would have been anticipated
but for the provisions of subsection (c).
``(2) If the operation is described in subsection
(a)(1)(B), a justification why the budgetary resources
of another department or agency of the Federal
Government, instead of resources of the Department of
Defense, are not being used for carrying out the
operation.
``(3) The objectives of the operation.
``(4) The estimated duration of the operation and
of any deployment of armed forces personnel in such
operation.
``(5) The estimated incremental cost of the
operation to the United States.
``(6) The exit criteria for the operation and for
the withdrawal of the elements of the armed forces
involved in the operation.
``(e) Limitations.--(1) The Secretary may not restore
balances in the Defense Business Operations Fund through
increases in rates charged by that fund in order to compensate
for costs incurred and not reimbursed due to subsection (b).
``(2) The Secretary may not restore balances in the Defense
Business Operations Fund or any other fund or account through
the use of unobligated amounts in an operation and maintenance
appropriation that are available within that appropriation for
(A) an account (known as a budget activity 1 account) that is
specified as being for operating forces, or (B) an account
(known as a budget activity 2 account) that is specified as
being for mobilization.
``(f) Submission of Requests for Supplemental
Appropriations.--(1) Whenever there is an operation described
in subsection (a), the President shall submit to Congress a
request for the enactment of supplemental appropriations for
the then-current fiscal year in order to provide funds to
replenish the Defense Business Operations Fund or any other
fund or account of the Department of Defense from which funds
for the incremental expenses of that operation were derived
under this section.
``(2) A request under paragraph (1) shall be submitted not
later than 45 days after the date on which notification is
provided pursuant to subsection (a)(3). The request shall be
submitted as a separate request from any other legislative
proposal.
``(g) Requirements Relating to Additional Supplemental
Appropriations.--If, after a supplemental appropriation has
been requested for an operation under subsection (f) and has
been provided by law, enactment of an additional supplemental
appropriation becomes necessary for the operation before the
withdrawal of all armed forces personnel from the operation,
the Secretary of Defense shall submit to Congress a revised
report described in subsection (d) and the President shall
submit to Congress an additional request for enactment of a
supplemental appropriation as described in subsection (f). The
revised report and the request shall be submitted as soon as it
is determined that the additional supplemental appropriation is
necessary.
``(h) Incremental Costs.--For purposes of this section,
incremental costs of the Department of Defense with respect to
an operation are the costs of the Department that are directly
attributable to the operation (and would not have been incurred
but for the operation). Incremental costs do not include the
cost of property or services acquired by the Department that
are paid for by a source outside the Department or out of funds
contributed by such a source.
``(i) Relationship to War Powers Resolution.--This section
may not be construed as altering or superseding the War Powers
Resolution. This section does not provide authority to conduct
any military operation.
``(j) GAO Compliance Reviews.--The Comptroller General of
the United States shall from time to time, and when requested
by a committee of Congress, conduct a review of the defense
funding structure under this section to determine whether the
Department of Defense is complying with the requirements and
limitations of this section.''.
(2) The item relating to section 127a in the table of
sections at the beginning of chapter 3 of such title is amended
to read as follows:
``127a. Operations for which funds are not provided in advance: funding
mechanisms.''.
(b) Effective Date.--The amendment to section 127a of title
10, United States Code, made by subsection (a) shall take
effect on the date of the enactment of this Act and shall apply
to any operation of the Department of Defense that is in effect
on or after that date, whether such operation is begun before,
on, or after such date of enactment. In the case of an
operation begun before such date, any reference in such section
to the commencement of such operation shall be treated as
referring to the effective date under the preceding sentence.
SEC. 1004. OPERATION PROVIDE COMFORT.
(a) Authorization of Amounts Available.--Within the total
amounts authorized to be appropriated in titles III and IV,
there is hereby authorized to be appropriated for fiscal year
1996 for costs associated with Operation Provide Comfort--
(1) $136,300,000 for operation and maintenance
costs; and
(2) $7,000,000 for incremental military personnel
costs.
(b) Report.--Not more than $70,000,000 of the amount
appropriated under subsection (a) may be obligated until the
Secretary of Defense submits to the congressional defense
committees a report on Operation Provide Comfort which includes
the following:
(1) A detailed presentation of the projected costs
to be incurred by the Department of Defense for
Operation Provide Comfort during fiscal year 1996,
together with a discussion of missions and functions
expected to be performed by the Department as part of
that operation during that fiscal year.
(2) A detailed presentation of the projected costs
to be incurred by other departments and agencies of the
Federal Government participating in or providing
support to Operation Provide Comfort during fiscal year
1996.
(3) A discussion of available options to reduce the
involvement of the Department of Defense in those
aspects of Operation Provide Comfort that are not
directly related to the military mission of the
Department of Defense.
(4) A plan establishing an exit strategy for United
States involvement in, and support for, Operation
Provide Comfort.
(c) Operation Provide Comfort.--For purposes of this
section, the term ``Operation Provide Comfort'' means the
operation of the Department of Defense that as of October 30,
1995, is designated as Operation Provide Comfort.
SEC. 1005. OPERATION ENHANCED SOUTHERN WATCH.
(a) Authorization of Amounts Available.--Within the total
amounts authorized to be appropriated in titles III and IV,
there is hereby authorized to be appropriated for fiscal year
1996 for costs associated with Operation Enhanced Southern
Watch--
(1) $433,400,000 for operation and maintenance
costs; and
(2) $70,400,000 for incremental military personnel
costs.
(b) Report.--(1) Of the amounts specified in subsection
(a), not more than $250,000,000 may be obligated until the
Secretary of Defense submits to the congressional defense
committees a report designating Operation Enhanced Southern
Watch, or significant elements thereof, as a forward presence
operation for which funding should be budgeted as part of the
annual defense budget process in the same manner as other
activities of the Armed Forces involving forward presence or
forward deployed forces.
(2) The report shall set forth the following:
(A) The expected duration and annual costs of the
various elements of Operation Enhanced Southern Watch.
(B) Those elements of Operation Enhanced Southern
Watch that are semi-permanent in nature and should be
budgeted in the future as part of the annual defense
budget process in the same manner as other activities
of the Armed Forces involving forward presence or
forward deployed forces.
(C) The political and military objectives
associated with Operation Enhanced Southern Watch.
(D) The contributions (both in-kind and actual) by
other nations to the costs of conducting Operation
Enhanced Southern Watch.
(c) Operation Enhanced Southern Watch.--For purposes of
this section, the term ``Operation Enhanced Southern Watch''
means the operation of the Department of Defense that as of
October 30, 1995, is designated as Operation Enhanced Southern
Watch.
SEC. 1006. AUTHORITY FOR OBLIGATION OF CERTAIN UNAUTHORIZED FISCAL YEAR
1995 DEFENSE APPROPRIATIONS.
(a) Authority.--The amounts described in subsection (b) may
be obligated and expended for programs, projects, and
activities of the Department of Defense in accordance with
fiscal year 1995 defense appropriations except as otherwise
provided in subsection (c).
(b) Covered Amounts.--The amounts referred to in subsection
(a) are the amounts provided for programs, projects, and
activities of the Department of Defense in fiscal year 1995
defense appropriations that are in excess of the amounts
provided for such programs, projects, and activities in fiscal
year 1995 defense authorizations.
(c) Programs Not Available for Obligation.--Amounts
described in subsection (b) which remain available for
obligation on the date of the enactment of this Act may not be
obligated or expended for the following programs, projects, and
activities of the Department of Defense (for which amounts were
provided in fiscal year 1995 defense appropriations):
(1) The TARTAR support equipment program under
``Weapons Procurement, Navy'' in the amount of
$2,400,000.
(2) The natural gas utilization equipment program
under ``Other Procurement, Navy'' in the amount of
$8,000,000.
(3) The munitions standardization-plasma furnace
technology program under ``Research, Development, Test,
and Evaluation, Army'' in the amount of $7,500,000.
(4) The logistics technology-cold pasteurization/
sterilization program under ``Research, Development,
Test, and Evaluation, Army'' in the amount of
$2,000,000.
(5) The logistics technology-air beam tents program
under ``Research, Development, Test, and Evaluation,
Army'' in the amount of $500,000.
(d) Definitions.--For the purposes of this section:
(1) Fiscal year 1995 defense appropriations.--The
term ``fiscal year 1995 defense appropriations'' means
amounts appropriated or otherwise made available to the
Department of Defense for fiscal year 1995 in the
Department of Defense Appropriations Act, 1995 (Public
Law 103-335).
(2) Fiscal year 1995 defense authorizations.--The
term ``fiscal year 1995 defense authorizations'' means
amounts authorized to be appropriated for the
Department of Defense for fiscal year 1995 in the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337).
SEC. 1007. AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FOR FISCAL YEAR 1995.
(a) Adjustment to Previous Authorizations.--Amounts
authorized to be appropriated to the Department of Defense for
fiscal year 1995 in the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337) are hereby adjusted, with
respect to any such authorized amount, by the amount by which
appropriations pursuant to such authorization were increased
(by a supplemental appropriation) or decreased (by a
rescission), or both, in title I of the Emergency Supplemental
Appropriations and Rescissions for the Department of Defense to
Preserve and Enhance Military Readiness Act of 1995 (Public Law
104-6; 109 Stat. 73).
(b) New Authorization.--The appropriation provided in
section 104 of such Act (109 Stat. 79) is hereby authorized.
SEC. 1008. AUTHORIZATION REDUCTIONS TO REFLECT SAVINGS FROM REVISED
ECONOMIC ASSUMPTIONS.
(a) Reduction.--The total amount authorized to be
appropriated in titles I, II, and III of this Act is hereby
reduced by $832,000,000 to reflect savings from revised
economic assumptions. Such reduction shall be made from
accounts in those titles as follows:
Operation and Maintenance, Army, $54,000,000.
Operation and Maintenance, Navy, $80,000,000.
Operation and Maintenance, Marine Corps,
$9,000,000.
Operation and Maintenance, Air Force, $51,000,000.
Operation and Maintenance, Defense-Wide,
$36,000,000.
Operation and Maintenance, Army Reserve,
$4,000,000.
Operation and Maintenance, Navy Reserve,
$4,000,000.
Operation and Maintenance, Marine Corps Reserve,
$1,000,000.
Operation and Maintenance, Air Force Reserve,
$3,000,000.
Operation and Maintenance, Army National Guard,
$7,000,000.
Operation and Maintenance, Air National Guard,
$7,000,000.
Drug Interdiction and Counter-Drug Activities,
Defense, $5,000,000.
Environmental Restoration, Defense, $11,000,000.
Overseas Humanitarian, Disaster, and Civic Aid,
$1,000,000.
Former Soviet Union Threat Reduction, $2,000,000.
Defense Health Program, $51,000,000.
Aircraft Procurement, Army, $9,000,000.
Missile Procurement, Army, $5,000,000.
Procurement of Weapons and Tracked Combat Vehicles,
Army, $10,000,000.
Procurement of Ammunition, Army, $6,000,000.
Other Procurement, Army, $17,000,000.
Aircraft Procurement, Navy, $29,000,000.
Weapons Procurement, Navy, $13,000,000.
Shipbuilding and Conversion, Navy, $42,000,000.
Other Procurement, Navy, $18,000,000.
Procurement, Marine Corps, $4,000,000.
Aircraft Procurement, Air Force, $50,000,000.
Missile Procurement, Air Force, $29,000,000.
Other Procurement, Air Force, $45,000,000.
Procurement, Defense-Wide, $16,000,000.
Chemical Agents and Munitions Destruction, Defense,
$5,000,000.
Research, Development, Test and Evaluation, Army,
$20,000,000.
Research, Development, Test and Evaluation, Navy,
$50,000,000.
Research, Development, Test and Evaluation, Air
Force, $79,000,000.
Research, Development, Test and Evaluation,
Defense-Wide, $57,000,000.
Research, Development, Test and Evaluation,
Defense, $2,000,000.
(b) Reductions To Be Applied Proportionally.--Reductions
under this section shall be applied proportionally to each
budget activity, activity group, and subactivity group and to
each program, project, and activity within each account.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. IOWA CLASS BATTLESHIPS.
(a) Return to Naval Vessel Register.--The Secretary of the
Navy shall list on the Naval Vessel Register, and maintain on
such register, at least two of the Iowa-class battleships that
were stricken from the register in February 1995.
(b) Support.--The Secretary shall retain the existing
logistical support necessary for support of at least two
operational Iowa class battleships in active service, including
technical manuals, repair and replacement parts, and ordnance.
(c) Selection of Ships.--The Secretary shall select for
listing on the Naval Vessel Register under subsection (a) Iowa
class battleships that are in good material condition and can
provide adequate fire support for an amphibious assault.
(d) Replacement Fire-Support Capability.--(1) If the
Secretary of the Navy makes a certification described in
paragraph (2), the requirements of subsections (a) and (b)
shall terminate, effective 60 days after the date of the
submission of such certification.
(2) A certification referred to in paragraph (1) is a
certification submitted by the Secretary of the Navy in writing
to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
that the Navy has within the fleet an operational surface fire-
support capability that equals or exceeds the fire-support
capability that the Iowa class battleships listed on the Naval
Vessel Register pursuant to subsection (a) would, if in active
service, be able to provide for Marine Corps amphibious
assaults and operations ashore.
SEC. 1012. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES.
(a) Transfers by Grant.--The Secretary of the Navy is
authorized to transfer on a grant basis under section 516 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) frigates
of the Oliver Hazard Perry class to other countries as follows:
(1) To the Government of Bahrain, the guided
missile frigate Jack Williams (FFG 24).
(2) To the Government of Egypt, the frigate
Copeland (FFG 25).
(3) To the Government of Turkey, the frigates
Clifton Sprague (FFG 16) and Antrim (FFG 20).
(b) Transfers by Lease or Sale.--The Secretary of the Navy
is authorized to transfer on a lease basis under section 61 of
the Arms Export Control Act (22 U.S.C. 2796) or on a sale basis
under section 21 of the Arms Export Control Act (22 U.S.C.
2761) frigates of the Oliver Hazard Perry class to other
countries as follows:
(1) To the Government of Egypt, the frigate Duncan
(FFG 10).
(2) To the Government of Oman, the guided missile
frigate Mahlon S. Tisdale (FFG 27).
(3) To the Government of Turkey, the frigate
Flatley (FFG 21).
(4) To the Government of the United Arab Emirates,
the guided missile frigate Gallery (FFG 26).
(c) Financing for Transfers by Lease.--Section 23 of the
Arms Export Control Act (22 U.S.C. 2763) may be used to provide
financing for any transfer by lease under subsection (b) in the
same manner as if such transfer were a procurement by the
recipient nation of a defense article.
(d) Costs of Transfers.--Any expense incurred by the United
States in connection with a transfer authorized by subsection
(a) or (b) shall be charged to the recipient.
(e) Expiration of Authority.--The authority to transfer a
vessel under subsection (a) and under subsection (b) shall
expire at the end of the two-year period beginning on the date
of the enactment of this Act, except that a lease entered into
during that period under any provision of subsection (b) may be
renewed.
(f) Repair and Refurbishment in United States Shipyards.--
The Secretary of the Navy shall require, as a condition of the
transfer of a vessel under this section, that the country to
which the vessel is transferred have such repair or
refurbishment of the vessel as is needed, before the vessel
joins the naval forces of that country, performed at a shipyard
located in the United States, including a United States Navy
shipyard.
(g) Prohibition on Certain Transfers of Vessels on Grant
Basis.--(1) Section 516 of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j) is amended by adding at the end the following
new subsection:
``(g) Prohibition on Certain Transfers of Vessels on Grant
Basis.--(1) The President may not transfer on a grant basis
under this section a vessel that is in excess of 3,000 tons or
that is less than 20 years of age.
``(2) If the President determines that it is in the
national security interests of the United States to transfer a
particular vessel on a grant basis under this section, the
President may request that Congress enact legislation exempting
the transfer from the prohibition in paragraph (1).''.
(2) The amendment made by paragraph (1) shall apply with
respect to the transfer of a vessel on or after the date of the
enactment of this Act (other than a vessel the transfer of
which is authorized by subsection (a) or by law before the date
of the enactment of this Act).
SEC. 1013. CONTRACT OPTIONS FOR LMSR VESSELS.
(a) Findings.--Congress makes the following findings:
(1) A requirement for the Department of the Navy to
acquire 19 large, medium-speed, roll-on/roll-off (LMSR)
vessels was established by the Secretary of Defense in
the Mobility Requirements Study conducted after the
Persian Gulf War pursuant to section 909 of the
National Defense Authorization Act for Fiscal Year 1991
(Public law 101-510; 104 Stat. 1623) and was
revalidated by the Secretary of Defense in the report
entitled ``Mobility Requirements Study Bottom-Up Review
Update'', submitted to Congress in April 1995.
(2) The Strategic Sealift Program is a vital
element of the national military strategy calling for
the Nation to be able to fight and win two nearly
simultaneous major regional contingencies.
(3) The Secretary of the Navy has entered into
contracts with shipyards covering acquisition of a
total of 17 such LMSR vessels, of which five are vessel
conversions and 12 are new construction vessels. Under
those contracts, the Secretary has placed orders for
the acquisition of 11 vessels and has options for the
acquisition of six more, all of which would be new
construction vessels. The options allow the Secretary
to place orders for one vessel to be constructed at
each of two shipyards for award before December 31,
1995, December 31, 1996, and December 31, 1997,
respectively.
(4) Acquisition of an additional two such LMSR
vessels, for a total of 19 vessels (the requirement
described in paragraph (1)) would contribute to
preservation of the industrial base of United States
shipyards capable of building auxiliary and sealift
vessels.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of the Navy should plan for, and budget to
provide for, the acquisition as soon as possible of a total of
19 large, medium-speed, roll-on/roll-off (LMSR) vessels (the
number determined to be required in the Mobility Requirements
Study referred to in subsection (a)(1)), rather than only 17
such vessels (the number of vessels under contract as of May
1995).
(c) Additional New Construction Contract Option.--The
Secretary of the Navy should negotiate with each of the two
shipyards holding new construction contracts referred to in
subsection (a)(3) (Department of the Navy contracts numbered
N00024-93-C-2203 and N00024-93-C-2205) for an option under each
such contract for construction of one additional such LMSR
vessel, with such option to be available to the Secretary for
exercise during 1995, 1996, or 1997.
(d) Report.--The Secretary of the Navy shall submit to the
congressional defense committees, by March 31, 1996, a report
stating the intentions of the Secretary regarding the
acquisition of options for the construction of two additional
LMSR vessels as described in subsection (c).
SEC. 1014. NATIONAL DEFENSE RESERVE FLEET.
(a) Availability of National Defense Sealift Fund.--Section
2218 of title 10, United States Code, is amended--
(1) in subsection (c)(1)--
(A) by striking out ``only for--'' in the
matter preceding subparagraph (A) and inserting
in lieu thereof ``only for the following
purposes:'';
(B) by capitalizing the first letter of the
first word of subparagraphs (A), (B), (C), and
(D);
(C) by striking out the semicolon at the
end of subparagraphs (A) and (B) and inserting
in lieu thereof a period;
(D) by striking out ``; and'' at the end of
subparagraph (C) and inserting in lieu thereof
a period; and
(E) by adding at the end the following new
subparagraph:
``(E) Expenses for maintaining the National Defense
Reserve Fleet under section 11 of the Merchant Ship
Sales Act of 1946 (50 U.S.C. App. 1744), and for the
costs of acquisition of vessels for, and alteration and
conversion of vessels in (or to be placed in), the
fleet, but only for vessels built in United States
shipyards.''; and
(2) in subsection (i), by inserting ``(other than
subsection (c)(1)(E))'' after ``Nothing in this
section''.
(b) Clarification of Exemption of NDRF Vessels From
Retrofit Requirement.--Section 11 of the Merchant Ship Sales
Act of 1946 (50 U.S.C. App. 1744) is amended by adding at the
end the following new subsection:
``(e) Vessels in the National Defense Reserve Fleet are
exempt from the provisions of section 3703a of title 46, United
States Code.''.
(c) Authority To Use National Defense Sealift Fund To
Convert Two Vessels.--Of the amount authorized to be
appropriated in section 302 for fiscal year 1996 for the
National Defense Sealift Fund under section 2218 of title 10,
United States Code, not more than $20,000,000 shall be
available for conversion work on the following two roll-on/
roll-off vessels, which were acquired by the Maritime
Administration during fiscal year 1995:
(1) M/V Cape Knox (ON-1036323).
(2) M/V Cape Kennedy (ON-1036324).
SEC. 1015. NAVAL SALVAGE FACILITIES.
Chapter 637 of title 10, United States Code, is amended to
read as follows:
``CHAPTER 637--SALVAGE FACILITIES
``Sec.
``7361. Authority to provide for necessary salvage facilities.
``7362. Acquisition and transfer of vessels and equipment.
``7363. Settlement of claims.
``7364. Disposition of receipts.
``Sec. 7361. Authority to provide for necessary salvage facilities
``(a) Authority.--The Secretary of the Navy may provide, by
contract or otherwise, necessary salvage facilities for public
and private vessels.
``(b) Coordination With Secretary of Transportation.--The
Secretary shall submit to the Secretary of Transportation for
comment each proposed contract for salvage facilities that
affects the interests of the Department of Transportation.
``(c) Limitation.--The Secretary of the Navy may enter into
a term contract under subsection (a) only if the Secretary
determines that available commercial salvage facilities are
inadequate to meet the requirements of national defense.
``(d) Public Notice.--The Secretary may not enter into a
contract under subsection (a) until the Secretary has provided
public notice of the intent to enter into such a contract.
``Sec. 7362. Acquisition and transfer of vessels and equipment
``(a) Authority.--The Secretary of the Navy may acquire or
transfer for operation by private salvage companies such
vessels and equipment as the Secretary considers necessary.
``(b) Agreement on Use.--Before any salvage vessel or
salvage gear is transferred by the Secretary to a private
party, the private party must agree in writing with the
Secretary that the vessel or gear will be used to support
organized offshore salvage facilities for a period of as many
years as the Secretary considers appropriate.
``(c) Reference to Authority To Advance Funds for Immediate
Salvage Operations.--For authority for the Secretary of the
Navy to advance to private salvage companies such funds as the
Secretary considers necessary to provide for the immediate
financing of salvage operations, see section 2307(g)(2) of this
title.
``Sec. 7363. Settlement of claims
``The Secretary of the Navy may settle any claim by the
United States for salvage services rendered by the Department
of the Navy and may receive payment of any such claim.
``Sec. 7364. Disposition of receipts
``Amounts received under this chapter shall be credited to
appropriations for maintaining naval salvage facilities.
However, any amount received under this chapter in any fiscal
year in excess of naval salvage costs incurred by the Navy
during that fiscal year shall be deposited into the general
fund of the Treasury.''.
SEC. 1016. VESSELS SUBJECT TO REPAIR UNDER PHASED MAINTENANCE
CONTRACTS.
(a) In General.--The Secretary of the Navy shall ensure
that any vessel that is covered by the contract referred to in
subsection (b) remains covered by that contract, regardless of
the operating command to which the vessel is subsequently
assigned, unless the vessel is taken out of service for the
Department of the Navy.
(b) Covered Contract.--The contract referred to in
subsection (a) is the contract entered into before the date of
the enactment of this Act for the phased maintenance of AE
class ships.
SEC. 1017. CLARIFICATION OF REQUIREMENTS RELATING TO REPAIRS OF
VESSELS.
Section 7310(a) of title 10, United States Code, is amended
by inserting ``or Guam'' after ``the United States'' the second
place it appears.
SEC. 1018. SENSE OF CONGRESS CONCERNING NAMING OF AMPHIBIOUS SHIPS.
It is the sense of Congress that the Secretary of the
Navy--
(1) should name the vessel to be designated LHD-7
as the U.S.S. Iwo Jima; and
(2) should name the vessel to be designated LPD-17,
and each subsequent ship of the LPD-17 class, after a
Marine Corps battle or a member of the Marine Corps.
SEC. 1019. SENSE OF CONGRESS CONCERNING NAMING OF NAVAL VESSEL.
It is the sense of Congress that the Secretary of the Navy
should name an appropriate ship of the United States Navy the
U.S.S. Joseph Vittori, in honor of Marine Corporal Joseph
Vittori (1929-1951) of Beverly, Massachusetts, who was
posthumously awarded the Medal of Honor for actions against the
enemy in Korea on September 15-16, 1951.
SEC. 1020. TRANSFER OF RIVERINE PATROL CRAFT.
(a) Authority To Transfer Vessel.--Notwithstanding
subsections (a) and (d) of section 7306 of title 10, United
States Code, but subject to subsections (b) and (c) of that
section, the Secretary of the Navy may transfer a vessel
described in subsection (b) to Tidewater Community College,
Portsmouth, Virginia, for scientific and educational purposes.
(b) Vessel.--The authority under subsection (a) applies in
the case of a riverine patrol craft of the U.S.S. Swift class.
(c) Limitation.--The transfer authorized by subsection (a)
may be made only if the Secretary determines that the vessel to
be transferred is of no further use to the United States for
national security purposes.
(d) Terms and Conditions.--The Secretary may require such
terms and conditions in connection with the transfer authorized
by this section as the Secretary considers appropriate.
Subtitle C--Counter-Drug Activities
SEC. 1021. REVISION AND CLARIFICATION OF AUTHORITY FOR FEDERAL SUPPORT
OF DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES OF
THE NATIONAL GUARD.
(a) Funding Assistance Authorized.--Subsection (a) of
section 112 of title 32, United States Code, is amended to read
as follows:
``(a) Funding Assistance.--The Secretary of Defense may
provide funds to the Governor of a State who submits to the
Secretary a State drug interdiction and counter-drug activities
plan satisfying the requirements of subsection (c). Such funds
shall be used for--
``(1) the pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses, as authorized
by State law, of personnel of the National Guard of
that State used, while not in Federal service, for the
purpose of druginterdiction and counter-drug
activities;
``(2) the operation and maintenance of the
equipment and facilities of the National Guard of that
State used for the purpose of drug interdiction and
counter-drug activities; and
``(3) the procurement of services and leasing of
equipment for the National Guard of that State used for
the purpose of drug interdiction and counter-drug
activities.''.
(b) Reorganization of Section.--Such section is further
amended--
(1) by redesignating subsection (f) as subsection
(h);
(2) by redesignating subsection (d) as subsection
(g) and transferring that subsection to appear before
subsection (h), as redesignated by paragraph (1); and
(3) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively.
(c) State Drug Interdiction and Counter-drug Activities
Plan.--Subsection (c) of such section, as redesignated by
subsection (b)(3), is amended--
(1) in the matter preceding paragraph (1), by
striking out ``A plan referred to in subsection (a)''
and inserting in lieu thereof ``A State drug
interdiction and counter-drug activities plan'';
(2) by striking out ``and'' at the end of paragraph
(2); and
(3) in paragraph (3)--
(A) by striking out ``annual training'' and
inserting in lieu thereof ``training'';
(B) by striking out the period at the end
and inserting in lieu thereof a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(4) include a certification by the Attorney
General of the State (or, in the case of a State with
no position of Attorney General, a civilian official of
the State equivalent to a State attorney general) that
the use of the National Guard of the State for the
activities proposed under the plan is authorized by,
and is consistent with, State law; and
``(5) certify that the Governor of the State or a
civilian law enforcement official of the State
designated by the Governor has determined that any
activities included in the plan that are carried out in
conjunction with Federal law enforcement agencies serve
a State law enforcement purpose.''.
(d) Examination of State Plan.--Subsection (d) of such
section, as redesignated by subsection (b)(3), is amended--
(1) in paragraph (1)--
(A) by striking out ``subsection (b)'' and
inserting in lieu thereof ``subsection (c)'';
and
(B) by inserting after ``Before funds are
provided to the Governor of a State under this
section'' the following: ``and before members
of the National Guard of that State are ordered
to full-time National Guard duty as authorized
in subsection (b)''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking out
``subsection (b)'' and inserting in lieu
thereof ``subsection (c)''; and
(B) by striking out subparagraph (B) and
inserting in lieu thereof the following:
``(B) pursuant to the plan submitted for a previous
fiscal year, funds were provided to the State in
accordance with subsection (a) or personnel of the
National Guard of the State were ordered to perform
full-time National Guard duty in accordance with
subsection (b).''.
(e) Use of Personnel Performing Full-Time National Guard
Duty.--Such section is further amended by inserting after
subsection (a) the following new subsection (b):
``(b) Use of Personnel Performing Full Time National Guard
Duty.--Under regulations prescribed by the Secretary of
Defense, personnel of the National Guard of a State may, in
accordance with the State drug interdiction and counter-drug
activities plan referred to in subsection (c), be ordered to
perform full-time National Guard duty under section 502(f) of
this title for the purpose of carrying out drug interdiction
and counter-drug activities.''.
(f) End Strength Limitation.--Such section is further
amended by inserting after subsection (e) the following new
subsection (f):
``(f) End Strength Limitation.--(1) Except as provided in
paragraph (2), at the end of a fiscal year there may not be
more than 4000 members of the National Guard--
``(A) on full-time National Guard duty under
section 502(f) of this title to perform drug
interdiction or counter-drug activities pursuant to an
order to duty for a period of more than 180 days; or
``(B) on duty under State authority to perform drug
interdiction or counter-drug activities pursuant to an
order to duty for a period of more than 180 days with
State pay and allowances being reimbursed with funds
provided under subsection (a)(1).
``(2) The Secretary of Defense may increase the end
strength authorized under paragraph (1) by not more than 20
percent for any fiscal year if the Secretary determines that
such an increase is necessary in the national security
interests of the United States.''.
(g) Definitions.--Subsection (h) of such section, as
redesignated by subsection (b)(1), is amended by striking out
paragraph (1) and inserting in lieu thereof the following:
``(1) The term `drug interdiction and counter-drug
activities', with respect to the National Guard of a
State, means the use of National Guard personnel in
drug interdiction and counter-drug law enforcement
activities authorized by the law of the State and
requested by the Governor of the State.''.
(h) Technical Amendments.--Subsection (e) of such section
is amended--
(1) in paragraph (1), by striking out ``sections
517 and 524'' and inserting in lieu thereof ``sections
12011 and 12012''; and
(2) in paragraph (2), by striking out ``the
Committees on Armed Services of the Senate and House of
Representatives'' and inserting in lieu thereof ``the
Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives''.
SEC. 1022. NATIONAL DRUG INTELLIGENCE CENTER.
(a) Limitation on Use of Funds.--Except as provided in
subsection (b), funds appropriated or otherwise made available
for the Department of Defense pursuant to this or any other Act
may not be obligated or expended for the National Drug
Intelligence Center, Johnstown, Pennsylvania.
(b) Exception.--If the Attorney General operates the
National Drug Intelligence Center using funds available for the
Department of Justice, the Secretary of Defense may continue to
provide Department of Defense intelligence personnel to support
intelligence activities at the Center. The number of such
personnel providing support to the Center after the date of the
enactment of this Act may not exceed the number of the
Department of Defense intelligence personnel who are supporting
intelligence activities at the Center on the day before such
date.
Subtitle D--Civilian Personnel
SEC. 1031. MANAGEMENT OF DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL.
Section 129 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking out ``man-year constraint
or limitation'' and inserting in lieu thereof
``constraint or limitation in terms of man
years, end strength, full-time equivalent
positions, or maximum number of employees'';
and
(B) by adding at the end the following new
sentence: ``The Secretary of Defense and the
Secretaries of the military departments may not
be required to make a reduction in the number
of full-time equivalent positions in the
Department of Defense unless such reduction is
necessary due to a reduction in funds available
to the Department or is required under a law
that is enacted after the date of the enactment
of the National Defense Authorization Act for
Fiscal Year 1996 and that refers specifically
to this subsection.'';
(2) in subsection (b)(2), by striking out ``any
end-strength'' and inserting in lieu thereof ``any
constraint or limitation in terms of man years, end
strength, full-time equivalent positions, or maximum
number of employees''; and
(3) by adding at the end the following new
subsection:
``(d) With respect to each budget activity within an
appropriation for a fiscal year for operations and maintenance,
the Secretary of Defense shall ensure that there are employed
during that fiscal year employees in the number and with the
combination of skills and qualifications that are necessary to
carry out the functions within that budget activity for which
funds are provided for that fiscal year.''.
SEC. 1032. CONVERSION OF MILITARY POSITIONS TO CIVILIAN POSITIONS.
(a) Conversion Requirement.--(1) By September 30, 1997, the
Secretary of Defense shall convert at least 10,000 military
positions to civilian positions.
(2) At least 3,000 of the military positions converted to
satisfy the requirement of paragraph (1) shall be converted to
civilian positions not later than September 30, 1996.
(3) In this subsection:
(A) The term ``military position'' means a position
that, as of the date of the enactment of this Act, is
authorized to be filled by a member of the Armed Forces
on active duty.
(B) The term ``civilian position'' means a position
that is required to be filled by a civilian employee of
the Department of Defense.
(b) Implementation Plan.--Not later than March 31, 1996,
the Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a plan for the implementation
of subsection (a).
SEC. 1033. ELIMINATION OF 120-DAY LIMITATION ON DETAILS OF CERTAIN
EMPLOYEES.
(a) Elimination of Limitation.--Subsection (b) of section
3341 of title 5, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) The 120-day limitation in paragraph (1) for details
and renewals of details does not apply to the Department of
Defense in the case of a detail--
``(A) made in connection with the closure or
realignment of a military installation pursuant to a
base closure law or an organizational restructuring of
the Department as part of a reduction in the size of
the armed forces or the civilian workforce of the
Department; and
``(B) in which the position to which the employee
is detailed is eliminated on or before the date of the
closure, realignment, or restructuring.
``(c) For purposes of this section--
``(1) the term `base closure law' means--
``(A) section 2687 of title 10;
``(B) title II of the Defense Authorization
Amendments and Base Closure and Realignment Act
(10 U.S.C. 2687 note); and
``(C) the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note);
and
``(2) the term `military installation'--
``(A) in the case of an installation
covered by section 2687 of title 10, has the
meaning given such term in subsection (e)(1) of
such section;
``(B) in the case of an installation
covered by the Act referred to in subparagraph
(B) of paragraph (1), has the meaning given
such term in section 209(6) of such Act; and
``(C) in the case of an installation
covered by the Act referred to in subparagraph
(C) of that paragraph, has the meaning given
such term in section 2910(4) of such Act.''.
(b) Applicability.--The amendments made by subsection (a)
apply to details made before the date of the enactment of this
Act but still in effect on that date and details made on or
after that date.
SEC. 1034. AUTHORITY FOR CIVILIAN EMPLOYEES OF DEPARTMENT OF DEFENSE TO
PARTICIPATE VOLUNTARILY IN REDUCTIONS IN FORCE.
Section 3502 of title 5, United States Code, is amended by
adding at the end the following:
``(f)(1) The Secretary of Defense or the Secretary of a
military department may--
``(A) release in a reduction in force an employee
who volunteers for the release even though the employee
is not otherwise subject to release in the reduction in
force under the criteria applicable under the other
provisions of this section; and
``(B) for each employee voluntarily released in the
reduction in force under subparagraph (A), retain an
employee in a similar position who would otherwise be
released in the reduction in force under such criteria.
``(2) A voluntary release of an employee in a reduction in
force pursuant to paragraph (1) shall be treated as an
involuntary release in the reduction in force.
``(3) An employee with critical knowledge and skills (as
defined by the Secretary concerned) may not participate in a
voluntary release under paragraph (1) if the Secretary
concerned determines that such participation would impair the
performance of the mission of the Department of Defense or the
military department concerned.
``(4) The regulations prescribed under this section shall
incorporate the authority provided in this subsection.
``(5) The authority under paragraph (1) may not be
exercised after September 30, 1996.''.
SEC. 1035. AUTHORITY TO PAY SEVERANCE PAYMENTS IN LUMP SUMS.
Section 5595 of title 5, United States Code, is amended by
adding at the end the following:
``(i)(1) In the case of an employee of the Department of
Defense who is entitled to severance pay under this section,
the Secretary of Defense or the Secretary of the military
department concerned may, upon application by the employee, pay
the total amount of the severance pay to the employee in one
lump sum.
``(2)(A) If an employee paid severance pay in a lump sum
under this subsection is reemployed by the Government of the
United States or the government of the District of Columbia at
such time that, had the employee been paid severance pay in
regular pay periods under subsection (b), the payments of such
pay would have been discontinued under subsection (d) upon such
reemployment, the employee shall repay to the Department of
Defense (for the military department that formerly employed the
employee, if applicable) an amount equal to the amount of
severance pay to which the employee was entitled under this
section that would not have been paid to the employee under
subsection (d) by reason of such reemployment.
``(B) The period of service represented by an amount of
severance pay repaid by an employee under subparagraph (A)
shall be considered service for which severance pay has not
been received by the employee under this section.
``(C) Amounts repaid to an agency under this paragraph
shall be credited to the appropriation available for the pay of
employees of the agency for the fiscal year in which received.
Amounts so credited shall be merged with, and shall be
available for the same purposes and the same period as, the
other funds in that appropriation.
``(3) If an employee fails to repay to an agency an amount
required to be repaid under paragraph (2)(A), that amount is
recoverable from the employee as a debt due the United States.
``(4) This subsection applies with respect to severance pay
payable under this section for separations taking effect on or
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1996 and before October 1,
1999.''.
SEC. 1036. CONTINUED HEALTH INSURANCE COVERAGE.
Section 8905a(d)(4) of title 5, United States Code, is
amended--
(1) in subparagraph (A), by inserting ``, or a
voluntary separation from a surplus position,'' after
``an involuntary separation from a position''; and
(2) by adding at the end the following new
subparagraph:
``(C) For the purpose of this paragraph, `surplus position'
means a position which is identified in pre-reduction-in-force
planning as no longer required, and which is expected to be
eliminated under formal reduction-in-force procedures.''.
SEC. 1037. REVISION OF AUTHORITY FOR APPOINTMENTS OF INVOLUNTARILY
SEPARATED MILITARY RESERVE TECHNICIANS.
(a) Revision of Authority.--Section 3329 of title 5, United
States Code, as added by section 544 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
Stat. 2415), is amended--
(1) in subsection (b), by striking out ``be
offered'' and inserting in lieu thereof ``be provided
placement consideration in a position described in
subsection (c) through a priority placement program of
the Department of Defense''; and
(2) by striking out subsection (c) and inserting in
lieu thereof the following new subsection (c):
``(c)(1) The position for which placement consideration
shall be provided to a former military technician under
subsection (b) shall be a position--
``(A) in either the competitive service or the
excepted service;
``(B) within the Department of Defense; and
``(C) in which the person is qualified to serve,
taking into consideration whether the employee in that
position is required to be a member of a reserve
component of the armed forces as a condition of
employment.
``(2) To the maximum extent practicable, the position shall
also be in a pay grade or other pay classification sufficient
to ensure that the rate of basic pay of the former military
technician, upon appointment to the position, is not less than
the rate of basic pay last received by the former military
technician for technician service before separation.''.
(b) Technical and Clerical Amendments.--(1) The section
3329 of title 5, United States Code, that was added by section
4431 of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 106 Stat. 2719) is redesignated as
section 3330 of such title.
(2) The table of sections at the beginning of chapter 33 of
such title is amended by striking out the item relating to
section 3329, as added by section 4431(b) of such Act (106
Stat. 2720), and inserting in lieu thereof the following new
item:
``3330. Government-wide list of vacant positions.''.
SEC. 1038. WEARING OF UNIFORM BY NATIONAL GUARD TECHNICIANS.
(a) Requirement.--Section 709(b) of title 32, United States
Code, is amended to read as follows:
``(b) Except as prescribed by the Secretary concerned, a
technician employed under subsection (a) shall, while so
employed--
``(1) be a member of the National Guard;
``(2) hold the military grade specified by the
Secretary concerned for that position; and
``(3) wear the uniform appropriate for the member's
grade and component of the armed forces while
performing duties as a technician.''.
(b) Uniform Allowances for Officers.--Section 417 of title
37, United States Code, is amended by adding at the end the
following:
``(d)(1) For purposes of sections 415 and 416 of this
title, a period for which an officer of an armed force, while
employed as a National Guard technician, is required to wear a
uniform under section 709(b) of title 32 shall be treated as a
period of active duty (other than for training).
``(2) A uniform allowance may not be paid, and uniforms may
not be furnished, to an officer under section 1593 of title 10
or section 5901 of title 5 for a period of employment referred
to in paragraph (1) for which an officer is paid a uniform
allowance under section 415 or 416 of this title.''.
(c) Clothing or Allowances for Enlisted Members.--Section
418 of title 37, United States Code, is amended--
(1) by inserting ``(a)'' before ``The President'';
and
(2) by adding at the end the following:
``(b) In determining the quantity and kind of clothing or
allowances to be furnished pursuant to regulations prescribed
under this section to persons employed as National Guard
technicians under section 709 of title 32, the President shall
take into account the requirement under subsection (b) of such
section for such persons to wear a uniform.
``(c) A uniform allowance may not be paid, and uniforms may
not be furnished, under section 1593 of title 10 or section
5901 of title 5 to a person referred to in subsection (b) for a
period of employment referred to in that subsection for which a
uniform allowance is paid under section 415 or 416 of this
title.''.
SEC. 1039. MILITARY LEAVE FOR MILITARY RESERVE TECHNICIANS FOR CERTAIN
DUTY OVERSEAS.
Section 6323 of title 5, United States Code is amended by
adding at the end the following new subsection:
``(d)(1) A military reserve technician described in section
8401(30) is entitled at such person's request to leave without
loss of, or reduction in, pay, leave to which such person is
otherwise entitled, credit for time or service, or performance
or efficiency rating for each day, not to exceed 44 workdays in
a calendar year, in which such person is on active duty without
pay, as authorized pursuant to section 12315 of title 10, under
section 12301(b) or 12301(d) of title 10 (other than active
duty during a war or national emergency declared by the
President or Congress) for participation in noncombat
operations outside the United States, its territories and
possessions.
``(2) An employee who requests annual leave or compensatory
time to which the employee is otherwise entitled, for a period
during which the employee would have been entitled upon request
to leave under this subsection, may be granted such annual
leave or compensatory time without regard to this section or
section 5519.''.
SEC. 1040. PERSONNEL ACTIONS INVOLVING EMPLOYEES OF NONAPPROPRIATED
FUND INSTRUMENTALITIES.
(a) Clarification of Definition of Nonappropriated Fund
Instrumentality Employee.--Subsection (a)(1) of section 1587 of
title 10, United States Code, is amended by adding at the end
the following new sentence: ``Such term includes a civilian
employee of a support organization within the Department of
Defense or a military department, such as the Defense Finance
and Accounting Service, who is paid from nonappropriated funds
on account of the nature of the employee's duties.''.
(b) Direct Reporting of Violations.--Subsection (e) of such
section is amended in the second sentence by inserting before
the period the following: ``and to permit the reporting of
alleged violations of subsection (b) directly to the Inspector
General of the Department of Defense''.
(c) Technical Amendment.--Subsection (a)(1) of such section
is further amended by striking out ``Navy Resale and Services
Support Office'' and inserting in lieu thereof ``Navy Exchange
Service Command''.
(d) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 1587. Employees of nonappropriated fund instrumentalities:
reprisals''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 81 of such title is
amended to read as follows:
``1587. Employees of nonappropriated fund instrumentalities:
reprisals.''.
SEC. 1041. COVERAGE OF NONAPPROPRIATED FUND EMPLOYEES UNDER AUTHORITY
FOR FLEXIBLE AND COMPRESSED WORK SCHEDULES.
Paragraph (2) of section 6121 of title 5, United States
Code, is amended to read as follows:
``(2) `employee' has the meaning given the term in
subsection (a) of section 2105 of this title, except
that such term also includes an employee described in
subsection (c) of that section;''.
SEC. 1042. LIMITATION ON PROVISION OF OVERSEAS LIVING QUARTERS
ALLOWANCES FOR NONAPPROPRIATED FUND INSTRUMENTALITY
EMPLOYEES.
(a) Conforming Allowance to Allowances for Other Civilian
Employees.--Subject to subsection (b), an overseas living
quarters allowance paid from nonappropriated funds and provided
to a nonappropriated fund instrumentality employee after the
date of the enactment of this Act may not exceed the amount of
a quarters allowance provided under subchapter III of chapter
59 of title 5 to a similarly situated civilian employee of the
Department of Defense paid from appropriated funds.
(b) Application to Certain Current Employees.--In the case
of a nonappropriated fund instrumentality employee who, as of
the date of the enactment of this Act, receives an overseas
living quarters allowance under any other authority, subsection
(a) shall apply to such employee only after the earlier of--
(1) September 30, 1997; or
(2) the date on which the employee otherwise ceases
to be eligible for such an allowance under such other
authority.
(c) Nonappropriated Fund Instrumentality Employee
Defined.--For purposes of this section, the term
``nonappropriated fund instrumentality employee'' has the
meaning given such term in section 1587(a)(1) of title 10,
United States Code.
SEC. 1043. ELECTIONS RELATING TO RETIREMENT COVERAGE.
(a) In General.--
(1) Civil service retirement system.--Section
8347(q) of title 5, United States Code, is amended--
(A) in paragraph (1)--
(i) by striking ``of the Department
of Defense or the Coast Guard'' in the
matter before subparagraph (A); and
(ii) by striking ``3 days'' and
inserting ``1 year''; and
(B) in paragraph (2)(C)--
(i) by striking ``3 days'' and
inserting ``1 year''; and
(ii) by striking ``in the
Department of Defense or the Coast
Guard, respectively,''.
(2) Federal employees' retirement system.--Section
8461(n) of title 5, United States Code, is amended--
(A) in paragraph (1)--
(i) by striking ``of the Department
of Defense or the Coast Guard'' in the
matter before subparagraph (A); and
(ii) by striking ``3 days'' and
inserting ``1 year''; and
(B) in paragraph (2)(C)--
(i) by striking ``3 days'' and
inserting ``1 year''; and
(ii) by striking ``in the
Department of Defense or the Coast
Guard, respectively,''.
(b) Regulations.--Not later than 6 months after the date of
the enactment of this Act, the Office of Personnel Management
(and each of the other administrative authorities, within the
meaning of subsection (c)(2)(C)(iii)) shall prescribe any
regulations (or make any modifications in existing regulations)
necessary to carry out this section and the amendments made by
this section, including regulations to provide for the
notification of individuals who may be affected by the
enactment of this section. All regulations (and modifications
to regulations) under the preceding sentence shall take effect
on the same date.
(c) Applicability; Related Provisions.--
(1) Prospective rules.--Except as otherwise
provided in this subsection, the amendments made by
this section shall apply with respect to moves
occurring on or after the effective date of the
regulations under subsection (b). Moves occurring on or
after the date of the enactment of this Act and before
the effective date of such regulations shall be subject
to applicable provisions of title 5, United States
Code, disregarding the amendments made by this section,
except that any individual making an election pursuant
to this sentence shall be ineligible to make an
election otherwise allowable under paragraph (2).
(2) Retroactive rules.--
(A) In general.--The regulations under
subsection (b) shall include provisions for the
application of sections 8347(q) and 8461(n) of
title 5, United States Code, as amended by this
section, with respect to any individual who, at
any time after December 31, 1965, and before
the effective date of such regulations, moved
between positions in circumstances that would
have qualified such individual to make an
election under the provisions of such section
8347(q) or 8461(n), as so amended, if such
provisions had then been in effect.
(B) Deadline; related provisions.--An
election pursuant to this paragraph--
(i) shall be made within 1 year
after the effective date of the
regulations under subsection (b), and
(ii) shall have the same force and
effect as if it had been timely made at
the time of the move,
except that no such election may be made by any
individual--
(I) who has previously made, or had
an opportunity to make, an election
under section 8347(q) or 8461(n) of
title 5, United States Code (as in
effect before being amended by this
section); however, this subclause shall
not be considered to render an
individual ineligible, based on an
opportunity arising out of a move
occurring during the period described
in the second sentence of paragraph
(1), if no election has in fact been
made by such individual based on such
move;
(II) who has not, since the move on
which eligibility for the election is
based, remained continuously subject
(disregarding any break in service of
less than 3 days) to CSRS or FERS or
both seriatim (if the move was from a
NAFI position) or any retirement system
(or 2 or more such systems seriatim)
established for employees described in
section 2105(c) of such title (if the
move was to a NAFI position); or
(III) if such election would be
based on a move to the Civil Service
Retirement System from a retirement
system established for employees
described in section 2105(c) of such
title.
(C) Transfers of contributions.--
(i) In general.--If an individual
makes an election under this paragraph
to be transferred back to a retirement
system in which such individual
previously participated (in this
section referred to as the ``previous
system''), all individual contributions
(including interest) and Government
contributions to the retirement system
in which such individual is then
currently participating (in this
section referred to as the ``current
system''), excluding those made to the
Thrift Savings Plan or any other
defined contribution plan, which are
attributable to periods of service
performed since the move on which the
election is based, shall be paid to the
fund, account, or other repository for
contributions made under the previous
system. For purposes of this section,
the term ``current system'' shall be
considered also to include any
retirement system (besides the one in
which the individual is participating
at the time of making the election) in
which such individual previously
participated since the move on which
the election is based.
(ii) Condition subsequent relating
to repayment of lump-sum credit.--In
the case of an individual who has
received such individual's lump-sum
credit (within the meaning of section
8401(19) of title 5, United States
Code, or a similar payment) from such
individual's previous system, the
payment described in clause (i) shall
not be made (and the election to which
it relates shall be ineffective) unless
such lump-sum credit is redeposited or
otherwise paid at such time and in such
manner as shall be required under
applicable regulations. Regulations to
carry out this clause shall include
provisions for the computation of
interest (consistent with section
8334(e)(2) and (3) of title 5, United
States Code), if no provisions for such
computation otherwise exist.
(iii) Condition subsequent relating
to deficiency in payments relative to
amounts needed to ensure that benefits
are fully funded.--
(I) In general.--Except as
provided in subclause (II), the
payment described in clause (i)
shall not be made (and the
election to which it relates
shall be ineffective) if the
actuarial present value of the
future benefits that would be
payable under the previous
system with respect to service
performed by such individual
after the move on which the
election under this paragraph
is based and before the
effective date of the election,
exceeds the total amounts
required to be transferred to
the previous system under the
preceding provisions of this
subparagraph with respect to
such service, as determined by
the authority administering
such previous system (in this
section referred to as the
``administrative authority'').
(II) Payment of
deficiency.--A determination of
a deficiency under this clause
shall not render an election
ineffective if the individual
pays or arranges to pay, at a
time and in a manner
satisfactory to such
administrative authority, the
full amount of the deficiency
described in subclause (I).
(D) Alternative election for an individual
then participating in fers.--
(i) Applicability.--This
subparagraph applies with respect to
any individual who--
(I) is then currently
participating in FERS; and
(II) would then otherwise
be eligible to make an election
under subparagraphs (A) through
(C) of this paragraph,
determined disregarding the
matter in subclause (I) of
subparagraph (B) before the
first semicolon therein.
(ii) Election.--An individual
described in clause (i) may, instead of
making an election for which such
individual is otherwise eligible under
this paragraph, elect to have all prior
qualifying NAFI service of such
individual treated as creditable
service for purposes of any annuity
under FERS payable out of the Civil
Service Retirement and Disability Fund.
(iii) Qualifying nafi service.--For
purposes of this subparagraph, the term
``qualifying NAFI service'' means any
service which, but for this
subparagraph, would be creditable for
purposes of any retirement system
established for employees described in
section 2105(c) of title 5, United
States Code.
(iv) Service ceases to be
creditable for nafi retirement system
purposes.--Any qualifying NAFI service
that becomes creditable for FERS
purposes by virtue of an election made
under this subparagraph shall not be
creditable for purposes of any
retirement system referred to in clause
(iii).
(v) Conditions.--An election under
this subparagraph shall be subject to
requirements, similar to those set
forth in subparagraph (C), to ensure
that--
(I) appropriate transfers
of individual and Government
contributions are made to the
Civil Service Retirement and
Disability Fund; and
(II) the actuarial present
value of future benefits under
FERS attributable to service
made creditable by such
election is fully funded.
(E) Alternative election for an individual
then participating in a nafi retirement
system.--
(i) Applicability.--This
subparagraph applies with respect to
any individual who--
(I) is then currently
participating in any retirement
system established for
employees described in section
2105(c) of title 5, United
States Code (in this
subparagraph referred to as a
``NAFI retirement system'');
and
(II) would then otherwise
be eligible to make an election
under subparagraphs (A) through
(C) of this paragraph
(determined disregarding the
matter in subclause (I) of
subparagraph (B) before the
first semicolon therein) based
on a move from FERS.
(ii) Election.--An individual
described in clause (i) may, instead of
making an election for which such
individual is otherwise eligible under
this paragraph, elect to have all prior
qualifying FERS service of such
individual treated as creditable
service for purposes of determining
eligibility for benefits under a NAFI
retirement system, but not for purposes
of computing the amount of any such
benefits except as provided in clause
(v)(II).
(iii) Qualifying fers service.--For
purposes of this subparagraph, the term
``qualifying FERS service'' means any
service which, but for this
subparagraph, would be creditable for
purposes of the Federal Employees'
Retirement System.
(iv) Service ceases to be
creditable for purposes of fers.--Any
qualifying FERS service that becomes
creditable for NAFI purposes by virtue
of an election made under this
subparagraph shall not be creditable
for purposes of the Federal Employees'
Retirement System.
(v) Funding requirements.--
(I) In general.--Except as
provided in subclause (II),
nothing in this section or in
any other provision of law or
any other authority shall be
considered to require any
payment or transfer of monies
in order for an election under
this subparagraph to be
effective.
(II) Contribution required
only if individual elects to
have service made creditable
for computation purposes as
well.--Under regulations
prescribed by the appropriate
administrative authority, an
individual making an election
under this subparagraph may
further elect to have the
qualifying FERS service made
creditable for computation
purposes under a NAFI
retirement system, but only if
the individual pays or arranges
to pay, at a time and in a
manner satisfactory to such
administrative authority, the
amount necessary to fully fund
the actuarial present value of
future benefits under the NAFI
retirement system attributable
to the qualifying FERS service.
(3) Information.--The regulations under subsection
(b) shall include provisions under which any
individual--
(A) shall, upon request, be provided
information or assistance in determining
whether such individual is eligible to make an
election under paragraph (2) and, if so, the
exact amount of any payment which would be
required of such individual in connection with
any such election; and
(B) may seek any other information or
assistance relating to any such election.
(d) Creditability of NAFI Service for RIF Purposes.--
(1) In general.--Clause (ii) of section 3502(a)(C)
of title 5, United States Code, is amended by striking
``January 1, 1987'' and inserting ``January 1, 1966''.
(2) Effective date.--Notwithstanding any provision
of subsection (c), the amendment made by paragraph (1)
shall--
(A) take effect on the date of the
enactment of this Act; and
(B) apply with respect to any reduction in
force carried out on or after such date.
SEC. 1044. EXTENSION OF TEMPORARY AUTHORITY TO PAY CIVILIAN EMPLOYEES
WITH RESPECT TO THE EVACUATION FROM GUANTANAMO,
CUBA.
(a) Extension of Authority.--The Secretary of Defense may,
until the end of January 31, 1996 and without regard to the
time limitations specified in subsection (a) of section 5523 of
title 5, United States Code, make payments under the provisions
of such section from funds available for the pay of civilian
personnel in the case of employees, or an employee's dependents
or immediate family, evacuated from Guantanamo Bay, Cuba,
pursuant to the August 26, 1994 order of the Secretary. This
section shall take effect as of October 1, 1995, and shall
apply with respect to payments made for periods occurring on or
after that date.
(b) Monthly Report.--On the first day of each month
beginning after the date of the enactment of this Act and
ending before March 1996, the Secretary of the Navy shall
transmit to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of
Representatives a report regarding the payment of employees
pursuant to subsection (a). Each such report shall include, for
the month preceding the month in which the report is
transmitted, a statement of the following:
(1) The number of the employees paid pursuant to
such section.
(2) The positions of employment of the employees.
(3) The number and location of the employees'
dependents and immediate families.
(4) The actions taken by the Secretary to eliminate
the conditions which necessitated the payments.
Subtitle E--Miscellaneous Reporting Requirements
SEC. 1051. REPORT ON FISCAL YEAR 1997 BUDGET SUBMISSION REGARDING GUARD
AND RESERVE COMPONENTS.
(a) Report.--The Secretary of Defense shall submit to the
congressional defense committees, at the same time that the
President submits the budget for fiscal year 1997 under section
1105(a) of title 31, United States Code, a report on amounts
requested in that budget for the Guard and Reserve components.
(b) Content.--The report shall include the following:
(1) A description of the anticipated effect that
the amounts requested (if approved by Congress) will
have to enhance the capabilities of each of the Guard
and Reserve components.
(2) A listing, with respect to each such component,
of each of the following:
(A) The amount requested for each major
weapon system for which funds are requested in
the budget for that component.
(B) The amount requested for each item of
equipment (other than a major weapon system)
for which funds are requested in the budget for
that component.
(C) The amount requested for each military
construction project, together with the
location of each such project, for which funds
are requested in the budget for that component.
(c) Inclusion of Information in Next FYDP.--The Secretary
of Defense shall specifically display in the next future-years
defense program (or program revision) submitted to Congress
after the date of the enactment of this Act the amounts
programmed for procurement of equipment and for military
construction for each of the Guard and Reserve components.
(d) Definition.--For purposes of this section, the term
``Guard and Reserve components'' means the following:
(1) The Army Reserve.
(2) The Army National Guard of the United States.
(3) The Naval Reserve.
(4) The Marine Corps Reserve.
(5) The Air Force Reserve.
(6) The Air National Guard of the United States.
SEC. 1052. REPORT ON DESIRABILITY AND FEASIBILITY OF PROVIDING
AUTHORITY FOR USE OF FUNDS DERIVED FROM RECOVERED
LOSSES RESULTING FROM CONTRACTOR FRAUD.
(a) Report.--Not later than April 1, 1996, the Secretary of
Defense shall submit to Congress a report on the desirability
and feasibility of authorizing by law the retention and use by
the Department of Defense of a specified portion (not to exceed
three percent) of amounts recovered by the Government during
any fiscal year from losses and expenses incurred by the
Department of Defense as a result of contractor fraud at
military installations.
(b) Matters To Be Included.--The report shall include the
views of the Secretary of Defense regarding--
(1) the degree to which such authority would create
enhanced incentives for the discovery, investigation,
and resolution of contractor fraud at military
installations; and
(2) the appropriate allocation for funds that would
be available for expenditure pursuant to such
authority.
SEC. 1053. REPORT OF NATIONAL POLICY ON PROTECTING THE NATIONAL
INFORMATION INFRASTRUCTURE AGAINST STRATEGIC
ATTACKS.
Not later than 120 days after the date of the enactment of
this Act, the President shall submit to Congress a report
setting forth the results of a review of the national policy on
protecting the national information infrastructure against
strategic attacks. The report shall include the following:
(1) A description of the national policy and
architecture governing the plans for establishing
procedures, capabilities, systems, and processes
necessary to perform indications, warning, and
assessment functions regarding strategic attacks by
foreign nations, groups, or individuals, or any other
entity against the national information infrastructure.
(2) An assessment of the future of the National
Communications System (NCS), which has performed the
central role in ensuring national security and
emergency preparedness communications for essential
United States Government and private sector users,
including a discussion of--
(A) whether there is a Federal interest in
expanding or modernizing the National
Communications System in light of the changing
strategic national security environment and the
revolution in information technologies; and
(B) the best use of the National
Communications System and the assets and
experience it represents as an integral part of
a larger national strategy to protect the
United States against a strategic attack on the
national information infrastructure.
SEC. 1054. REPORT ON DEPARTMENT OF DEFENSE BOARDS AND COMMISSIONS.
(a) Study.--The Secretary of Defense shall conduct a study
of the boards and commissions described in subsection (c). As
part of such study, the Secretary shall determine, with respect
to each such board or commission that received support from the
Department of Defense during fiscal year 1995, whether that
board or commission merits continued support from the
Department.
(b) Report.--Not later than April 1, 1996, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a report on the results of the study. The
report shall include the following:
(1) A list of each board and commission described
in subsection (c) that received support from the
Department of Defense during fiscal year 1995.
(2) With respect to the boards and commissions
specified on the list under paragraph (1)--
(A) a list of each such board or commission
concerning which the Secretary determined under
subsection (a) that continued support from the
Department of Defense is merited; and
(B) a list of each such board or commission
concerning which the Secretary determined under
subsection (a) that continued support from the
Department if not merited.
(3) For each board and commission specified on the
list under paragraph (2)(A), a description of--
(A) the purpose of the board or commission;
(B) the nature and cost of the support
provided by the Department to the board or
commission during fiscal year 1995;
(C) the nature and duration of the support
that the Secretary proposes to provide to the
board or commission;
(D) the anticipated cost to the Department
of providing such support; and
(E) a justification of the determination
that the board or commission merits the
continued support of the Department.
(4) For each board and commission specified on the
list under paragraph (2)(B), a description of--
(A) the purpose of the board or commission;
(B) the nature and cost of the support
provided by the Department to the board or
commission during fiscal year 1995; and
(C) a justification of the determination
that the board or commission does not merit the
continued support of the Department.
(c) Covered Boards and Commissions.--Subsection (a) applies
to any board or commission (including any board or commission
authorized by law) that operates within or for the Department
of Defense and that--
(1) provides only policy-making assistance or
advisory services for the Department; or
(2) carries out only activities that are not
routine activities, on-going activities, or activities
necessary to the routine, on-going operations of the
Department.
(d) Support Defined.--For purposes of this section, the
term ``support'' includes the provision of any of the
following:
(1) Funds.
(2) Equipment, materiel, or other assets.
(3) Services of personnel.
SEC. 1055. DATE FOR SUBMISSION OF ANNUAL REPORT ON SPECIAL ACCESS
PROGRAMS.
Section 119(a) of title 10, United States Code, is amended
by striking out ``February 1'' and inserting in lieu thereof
``March 1''.
Subtitle F--Repeal of Certain Reporting and Other Requirements and
Authorities
SEC. 1061. REPEAL OF MISCELLANEOUS PROVISIONS OF LAW.
(a) Volunteers Investing in Peace and Security Program.--
(1) Chapter 89 of title 10, United States Code, is repealed.
(2) The tables of chapters at the beginning of subtitle A,
and at the beginning of part II of subtitle A, of such title
are each amended by striking out the item relating to chapter
89.
(b) Security and Control of Supplies.--(1) Chapter 171 of
such title is repealed.
(2) The tables of chapters at the beginning of subtitle A,
and at the beginning of part IV of subtitle A, of such title
are each amended by striking out the item relating to chapter
171.
(c) Annual Authorization of Military Training Student
Loads.--Section 115 of such title is amended--
(1) in subsection (a), by striking out paragraph
(3);
(2) in subsection (b)--
(A) by inserting ``or'' at the end of
paragraph (1);
(B) by striking out ``; or'' at the end of
paragraph (2) and inserting in lieu thereof a
period; and
(C) by striking out paragraph (3); and
(3) by striking out subsection (f).
(d) Portions of Annual Manpower Requirements Report.--
Section 115a of such title is amended--
(1) in subsection (b)(2), by striking out
subparagraph (C);
(2) by striking out subsection (d);
(3) by redesignating subsection (e) as subsection
(d) and striking out paragraphs (4) and (5) thereof;
(4) by striking out subsection (f); and
(5) by redesignating subsection (g) as subsection
(e).
(e) Obsolete Authority for Payment of Stipends for Members
of Certain Advisory Committees and Boards of Visitors of
Service Academies.--(1) The second sentence of each of sections
173(b) and 174(b) of such title is amended to read as follows:
``Other members and part-time advisers shall (except as
otherwise specifically authorized by law) serve without
compensation for such service.''.
(2) Sections 4355(h), 6968(h), and 9355(h) of such title
are amended by striking out ``is entitled to not more than $5 a
day and''.
(f) Annual Budget Information Concerning Recruiting
Costs.--(1) Section 227 of such title is repealed.
(2) The table of sections at the beginning of chapter 9 of
such title is amended by striking out the item relating to
section 227.
(g) Expired Authority Relating to Peacekeeping
Activities.--(1) Section 403 of such title is repealed.
(2) The table of sections at the beginning of subchapter I
of chapter 20 of such title is amended by striking out the item
relating to section 403.
(h) Procurement of Gasohol for Department of Defense Motor
Vehicles.--(1) Subsection (a) of section 2398 of such title is
repealed.
(2) Such section is further amended--
(A) by redesignating subsections (b) and (c) as
subsections (a) and (b), respectively; and
(B) in subsection (b), as so redesignated, by
striking out ``subsection (b)'' and inserting in lieu
thereof ``subsection (a)''.
(i) Requirement of Notice of Certain Disposals and Gifts by
Secretary of Navy.--Section 7545 of such title is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as subsection
(c).
(j) Annual Report on Biological Defense Research Program.--
(1) Section 2370 of such title is repealed.
(2) The table of sections at the beginning of chapter 139
of such title is amended by striking out the item relating to
such section.
(k) Reports and Notifications Relating to Chemical and
Biological Agents.--Subsection (a) of section 409 of Public Law
91-121 (50 U.S.C. 1511) is repealed.
(l) Annual Report on Balanced Technology Initiative.--
Subsection (e) of section 211 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law
101-189; 103 Stat. 1394) is repealed.
(m) Report on Environmental Restoration Costs for
Installations To Be Closed Under 1990 Base Closure Law.--
Section 2827 of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C. 2687
note) is amended by striking out subsection (b).
(n) Limitation on American Diplomatic Facilities in
Germany.--Section 1432 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1833)
is repealed.
SEC. 1062. REPORTS REQUIRED BY TITLE 10, UNITED STATES CODE.
(a) Annual Report on Relocation Assistance Programs.--
Section 1056 of title 10, United States Code, is amended--
(1) by striking out subsection (f); and
(2) by redesignating subsection (g) as subsection
(f).
(b) Notice of Salary Increases for Foreign National
Employees.--Section 1584 of such title is amended--
(1) by striking out subsection (b); and
(2) in subsection (a), by striking out ``(a) Waiver
of Employment Restrictions for Certain Personnel.--''.
(c) Notice Regarding Contracts Performed for Periods
Exceeding 10 Years.--(1) Section 2352 of such title is
repealed.
(2) The table of sections at the beginning of chapter 139
of such title is amended by striking out the item relating to
section 2352.
(d) Report on Low-Rate Production Under Naval Vessel and
Military Satellite Programs.--Section 2400(c) of such title is
amended--
(1) by striking out paragraph (2); and
(2) in paragraph (1)--
(A) by striking out ``(1)''; and
(B) by redesignating clauses (A) and (B) as
clauses (1) and (2), respectively.
(e) Report on Waivers of Prohibition on Employment of
Felons.--Section 2408(a)(3) of such title is amended by
striking out the second sentence.
(f) Report on Determination Not To Debar for Fraudulent Use
of Labels.--Section 2410f(a) of such title is amended by
striking out the second sentence.
(g) Notice of Military Construction Contracts on Guam.--
Section 2864(b) of such title is amended by striking out
``after the 21-day period'' and all that follows through
``determination''.
SEC. 1063. REPORTS REQUIRED BY DEFENSE AUTHORIZATION AND APPROPRIATIONS
ACTS.
(a) Public Law 99-661 Requirement for Report on Funding for
Nicaraguan Democratic Resistance.--Section 1351 of the National
Defense Authorization Act for Fiscal Year 1987 (Public Law 99-
661; 100 Stat. 3995; 10 U.S.C. 114 note) is amended--
(1) by striking out subsection (b); and
(2) in subsection (a), by striking out ``(a)
Limitation.--''.
(b) Annual Report on Overseas Military Facility Investment
Recovery Account.--Section 2921 of the Military Construction
Authorization Act for Fiscal Year 1991 (division B of Public
Law 101-510; 10 U.S.C. 2687 note) is amended--
(1) by striking out subsection (f); and
(2) by redesignating subsections (g) and (h) as
subsections (f) and (g), respectively.
(c) Science, Mathematics, and Engineering Education Master
Plan.--Section 829 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat.
1444; 10 U.S.C. 2192 note) is repealed.
(d) Report Regarding Heating Facility Modernization at
Kaiserslautern.--Section 8008 of the Department of Defense
Appropriations Act, 1994 (Public Law 103-139; 107 Stat. 1438),
is amended by inserting ``but without regard to the
notification requirement in subsection (b)(2) of such
section,'' after ``section 2690 of title 10, United States
Code,''.
SEC. 1064. REPORTS REQUIRED BY OTHER PROVISIONS OF LAW.
(a) Requirement Under Arms Export Control Act for Quarterly
Report on Price and Availability Estimates.--Section 28 of the
Arms Export Control Act (22 U.S.C. 2768) is repealed.
(b) Annual Report on National Security Agency Executive
Personnel.--Section 12(a) of the National Security Agency Act
of 1959 (50 U.S.C. 402 note) is amended by striking out
paragraph (5).
(c) Reports Concerning Certain Federal Contracting and
Financial Transactions.--Section 1352 of title 31, United
States Code, is amended--
(1) in subsection (b)(6)(A), by inserting ``(other
than the Secretary of Defense and Secretary of a
military department)'' after ``The head of each
agency''; and
(2) in subsection (d)(1), by inserting ``(other
than in the case of the Department of Defense or a
military department)'' after ``paragraph (3) of this
subsection''.
(d) Annual Report on Water Resources Project Agreements.--
Section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b) is amended--
(1) by striking out subsection (e); and
(2) by redesignating subsection (f) as subsection
(e).
(e) Annual Report on Construction of Tennessee-Tombigbee
Waterway.--Section 185 of the Water Resources Development Act
of 1976 (33 U.S.C. 544c) is amended by striking out the second
sentence.
(f) Annual Report on Monitoring of Navy Home Port Waters.--
Section 7 of the Organotin Antifouling Paint Control Act of
1988 (33 U.S.C. 2406) is amended--
(1) by striking out subsection (d); and
(2) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
Subtitle G--Department of Defense Education Programs
SEC. 1071. CONTINUATION OF UNIFORMED SERVICES UNIVERSITY OF THE HEALTH
SCIENCES.
(a) Policy.--Congress reaffirms--
(1) the prohibition set forth in subsection (a) of
section 922 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2829; 10 U.S.C. 2112 note) regarding closure of the
Uniformed Services University of the Health Sciences;
and
(2) the expression of the sense of Congress set
forth in subsection (b) of such section regarding the
budgetary commitment to continuation of the university.
(b) Personnel Strength.--During the five-year period
beginning on October 1, 1995, the personnel staffing levels for
the Uniformed Services University of the Health Services may
not be reduced below the personnel staffing levels for the
university as of October 1, 1993.
(c) Budgetary Commitment to Continuation.--It is the sense
of Congress that the Secretary of Defense should budget for the
operation of the Uniformed Services University of the Health
Sciences during fiscal year 1997 at a level at least equal to
the level of operations conducted at the University during
fiscal year 1995.
SEC. 1072. ADDITIONAL GRADUATE SCHOOLS AND PROGRAMS AT UNIFORMED
SERVICES UNIVERSITY OF THE HEALTH SCIENCES.
(a) Additional Schools and Programs.--Subsection (h) of
section 2113 of title 10, United States Code, is amended to
read as follows:
``(h) The Secretary of Defense may establish the following
educational programs at the University:
``(1) Postdoctoral, postgraduate, and technological
institutes.
``(2) A graduate school of nursing.
``(3) Other schools or programs that the Secretary
determines necessary in order to operate the University
in a cost-effective manner.''.
(b) Conforming Amendments to Reflect Advisory Nature of
Board of Regents.--(1) Section 2112(b) of such title is amended
by striking out ``, upon recommendation of the Board of
Regents,''.
(2) Section 2113 of such title is amended--
(A) in subsection (a)--
(i) by striking out ``a Board of Regents
(hereinafter in this chapter referred to as the
`Board')'' in the first sentence and inserting
in lieu thereof ``the Secretary of Defense'';
and
(ii) by inserting after the first sentence
the following new sentence: ``To assist the
Secretary in an advisory capacity, there is a
Board of Regents for the University.'';
(B) in subsection (d), by striking out ``Board''
the first place it appears and inserting in lieu
thereof ``Secretary'';
(C) in subsection (e), by striking out ``of
Defense'';
(D) in subsection (f)(1), by striking out ``of
Defense'';
(E) in subsection (g)--
(i) by striking out ``Board is authorized
to'' in the first sentence and inserting in
lieu thereof ``Secretary may'';
(ii) by striking out ``Board is also
authorized to'' in the third sentence and
inserting in lieu thereof ``Secretary may'';
and
(iii) by striking out ``Board may also,
subject to the approval of the Secretary of
Defense,'' in the fifth sentence and inserting
in lieu thereof ``Secretary may''; and
(F) by striking out ``Board'' each place it appears
in subsections (f), (i), and (j) and inserting in lieu
thereof ``Secretary''.
(3) Section 2114(e)(1) of such title is amended by striking
out ``Board, upon approval of the Secretary of Defense,'' and
inserting in lieu thereof ``Secretary of Defense''.
(c) Clerical Amendments.--(1) The heading of section 2113
of such title is amended to read as follows:
``Sec. 2113. Administration of University''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 104 of such title is
amended to read as follows:
``2113. Administration of University.''.
SEC. 1073. FUNDING FOR ADULT EDUCATION PROGRAMS FOR MILITARY PERSONNEL
AND DEPENDENTS OUTSIDE THE UNITED STATES.
Of amounts appropriated pursuant to section 301, $600,000
shall be available to carry out adult education programs,
consistent with the Adult Education Act (20 U.S.C. 1201 et
seq.), for the following:
(1) Members of the Armed Forces who are serving in
locations--
(A) that are outside the United States; and
(B) for which amounts are not required to
be allotted under section 313(b) of such Act
(20 U.S.C. 1201b(b)).
(2) The dependents of such members.
SEC. 1074. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND
DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) Continuation of Department of Defense Program for
Fiscal Year 1996.--(1) Of the amounts authorized to be
appropriated in section 301(5)--
(A) $30,000,000 shall be available for providing
educational agencies assistance (as defined in
paragraph (4)(A)) to local educational agencies; and
(B) $5,000,000 shall be available for making
educational agencies payments (as defined in paragraph
(4)(B)) to local educational agencies.
(2) Not later than June 30, 1996, the Secretary of Defense
shall--
(A) notify each local educational agency that is
eligible for educational agencies assistance for fiscal
year 1996 of that agency's eligibility for such
assistance and the amount of such assistance for which
that agency is eligible; and
(B) notify each local educational agency that is
eligible for an educational agencies payment for fiscal
year 1996 of that agency's eligibility for such payment
and the amount of the payment for which that agency is
eligible.
(3) The Secretary of Defense shall disburse funds made
available under subparagraphs (A) and (B) of paragraph (1) not
later than 30 days after the date on which notification to the
eligible local educational agencies is provided pursuant to
paragraph (2).
(4) In this section:
(A) The term ``educational agencies assistance''
means assistance authorized under subsection (b) of
section 386 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 20 U.S.C. 238
note).
(B) The term ``educational agencies payments''
means payments authorized under subsection (d) of that
section, as amended by subsection (d).
(b) Special Rule for 1994 Payments.--The Secretary of
Education shall not consider any payment to a local educational
agency by the Department of Defense, that is available to such
agency for current expenditures and used for capital expenses,
as funds available to such agency for purposes of making a
determination for fiscal year 1994 under section 3(d)(2)(B)(i)
of the Act of September 30, 1950 (Public Law 874, 81st
Congress) (as such Act was in effect on September 30, 1994).
(c) Reduction in Impact Threshold.--Subsection (c)(1) of
section 386 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 20 U.S.C. 238 note) is
amended--
(1) by striking out ``30 percent'' and inserting in
lieu thereof ``20 percent''; and
(2) by striking out ``counted under subsection (a)
or (b) of section 3 of the Act of September 30, 1950
(Public Law 874, Eighty-first Congress; 20 U.S.C.
238)'' and inserting in lieu thereof ``counted under
section 8003(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(a))''.
(d) Adjustments Related to Base Closures and
Realignments.--Subsection (d) of section 386 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 28 U.S.C. 238 note) is amended to read as follows:
``(d) Adjustments Related to Base Closures and
Realignments.--To assist communities in making adjustments
resulting from reductions in the size of the Armed Forces, the
Secretary of Defense shall, in consultation with the Secretary
of Education, make payments to local educational agencies that,
during the period between the end of the school year preceding
the fiscal year for which the payments are authorized and the
beginning of the school year immediately preceding that school
year, had an overall reduction of not less than 20 percent in
the number of military dependent students as a result of the
closure or realignment of military installations.''.
(e) Extension of Reporting Requirement.--Subsection (e)(1)
of section 386 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 20 U.S.C. 238 note) is
amended by striking out ``and 1995'' and inserting in lieu
thereof ``1995, and 1996''.
(f) Payments for Eligible Federally Connected Children.--
Subsection (f) of section 8003 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703) is amended--
(1) in paragraph (2)--
(A) in the matter preceding clause (i) of
subparagraph (A), by striking ``only if such
agency'' and inserting ``if such agency is
eligible for a supplementary payment in
accordance with subparagraph (B) or such
agency''; and
(B) by adding at the end the following new
subparagraph:
``(D) A local educational agency shall only
be eligible to receive additional assistance
under this subsection if the Secretary
determines that--
``(i) such agency is exercising due
diligence in availing itself of State
and other financial assistance; and
``(ii) the eligibility of such
agency under State law for State aid
with respect to the free public
education of children described in
subsection (a)(1) and the amount of
such aid are determined on a basis no
less favorable to such agency than the
basis used in determining the
eligibility of local educational
agencies for State aid, and the amount
of such aid, with respect to the free
public education of other children in
the State.''; and
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) in the matter preceding clause
(i), by inserting ``(other than any
amount received under paragraph
(2)(B))'' after ``subsection'';
(ii) in subclause (I) of clause
(i), by striking ``or the average per-
pupil expenditure of all the States'';
(iii) by amending clause (ii) to
read as follows:
``(ii) The Secretary shall next
multiply the amount determined under
clause (i) by the total number of
students in average daily attendance at
the schools of the local educational
agency.''; and
(iv) by amending clause (iii) to
read as follows:
``(iii) The Secretary shall next
subtract from the amount determined
under clause (ii) all funds available
to the local educational agency for
current expenditures, but shall not so
subtract funds provided--
``(I) under this Act; or
``(II) by any department or
agency of the Federal
Government (other than the
Department) that are used for
capital expenses.''; and
(B) by amending subparagraph (B) to read as
follows:
``(B) Special rule.--With respect to
payments under this subsection for a fiscal
year for a local educational agency described
in clause (ii) or (iii) of paragraph (2)(A),
the maximum amount of payments under this
subsection shall be equal to--
``(i) the product of--
``(I) the average per-pupil
expenditure in all States
multiplied by 0.7, except that
such amount may not exceed 125
percent of the average per-
pupil expenditure in all local
educational agencies in the
State; multiplied by
``(II) the number of
students described in
subparagraph (A) or (B) of
subsection (a)(1) for such
agency; minus
``(ii) the amount of payments such
agency receives under subsections (b)
and (d) for such year.''.
(g) Current Year Data.--Paragraph (4) of section 8003(f) of
such Act (20 U.S.C. 7703(f)) is amended to read as follows:
``(4) Current year data.--For purposes of providing
assistance under this subsection the Secretary--
``(A) shall use student and revenue data
from the fiscal year for which the local
educational agency is applying for assistance
under this subsection; and
``(B) shall derive the per pupil
expenditure amount for such year for the local
educational agency's comparable school
districts by increasing or decreasing the per
pupil expenditure data for the second fiscal
year preceding the fiscal year for which the
determination is made by the same percentage
increase or decrease reflected between the per
pupil expenditure data for the fourth fiscal
year preceding the fiscal year for which the
determination is made and the per pupil
expenditure data for such second year.''.
(h) Technical Amendments To Correct References to Repealed
Law.--Section 386 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 20 U.S.C. 238 note) is
amended--
(1) in subsection (e)(2)--
(A) in subparagraph (C), by inserting after
``et seq.),'' the following: ``title VIII of
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7701 et seq.),''; and
(B) in subparagraph (D)(iii), by striking
out ``under subsections (a) and (b) of section
3 of such Act (20 U.S.C. 238)''; and
(2) in subsection (h)--
(A) in paragraph (1), by striking out
``section 14101 of the Elementary and Secondary
Education Act of 1965'' and inserting in lieu
thereof ``section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
7713(9))''; and
(B) by striking out paragraph (3) and
inserting in lieu thereof the following new
paragraph:
``(3) The term `State' means each of the 50 States
and the District of Columbia.''.
SEC. 1075. SHARING OF PERSONNEL OF DEPARTMENT OF DEFENSE DOMESTIC
DEPENDENT SCHOOLS AND DEFENSE DEPENDENTS' EDUCATION
SYSTEM.
Section 2164(e) of title 10, United States Code, is amended
by adding at the end the following:
``(4)(A) The Secretary may, without regard to the
provisions of any law relating to the number, classification,
or compensation of employees--
``(i) transfer employees from schools established
under this section to schools in the defense
dependents' education system in order to provide the
services referred to in subparagraph (B) to such
system; and
``(ii) transfer employees from such system to
schools established under this section in order to
provide such services to those schools.
``(B) The services referred to in subparagraph (A) are the
following:
``(i) Administrative services.
``(ii) Logistical services.
``(iii) Personnel services.
``(iv) Such other services as the Secretary
considers appropriate.
``(C) Transfers under this paragraph shall extend for such
periods as the Secretary considers appropriate. The Secretary
shall provide appropriate compensation for employees so
transferred.
``(D) The Secretary may provide that the transfer of an
employee under this paragraph occur without reimbursement of
the school or system concerned.
``(E) In this paragraph, the term `defense dependents'
education system' means the program established and operated
under section 1402(a) of the Defense Dependents' Education Act
of 1978 (20 U.S.C. 921(a)).''.
SEC. 1076. INCREASE IN RESERVE COMPONENT MONTGOMERY GI BILL EDUCATIONAL
ASSISTANCE ALLOWANCE WITH RESPECT TO SKILLS OR
SPECIALTIES FOR WHICH THERE IS A CRITICAL SHORTAGE
OF PERSONNEL.
Section 16131 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(j)(1) In the case of a person who has a skill or
specialty designated by the Secretary concerned as a skill or
specialty in which there is a critical shortage of personnel or
for which it is difficult to recruit or, in the case of
critical units, retain personnel, the Secretary concerned may
increase the rate of the educational assistance allowance
applicable to that person to such rate in excess of the rate
prescribed under subparagraphs (A) through (D) of subsection
(b)(1) as the Secretary of Defense considers appropriate, but
the amount of any such increase may not exceed $350 per month.
``(2) In the case of a person who has a skill or specialty
designated by the Secretary concerned as a skill or specialty
in which there is a critical shortage of personnel or for which
it is difficult to recruit or, in the case of critical units,
retain personnel, who is eligible for educational benefits
under chapter 30 (other than section 3012) of title 38 and who
meets the eligibility criteria specified in subparagraphs (A)
and (B) of section 16132(a)(1) of this title, the Secretary
concerned may increase the rate of the educational assistance
allowance applicable to that person to such rate in excess of
the rate prescribed under section 3015 of title 38 as the
Secretary of Defense considers appropriate, but the amount of
any such increase may not exceed $350 per month.
``(3) The authority provided by paragraphs (1) and (2)
shall be exercised by the Secretaries concerned under
regulations prescribed by the Secretary of Defense.''.
SEC. 1077. DATE FOR ANNUAL REPORT ON RESERVE COMPONENT MONTGOMERY GI
BILL EDUCATIONAL ASSISTANCE PROGRAM.
Section 16137 of title 10, United States Code, is amended
by striking out ``December 15 of each year'' and inserting in
lieu thereof ``March 1 of each year''.
SEC. 1078. SCOPE OF EDUCATION PROGRAMS OF COMMUNITY COLLEGE OF THE AIR
FORCE.
(a) Limitation to Members of the Air Force.--Section
9315(a)(1) of title 10, United States Code, is amended by
striking out ``for enlisted members of the armed forces'' and
inserting in lieu thereof ``for enlisted members of the Air
Force''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to enrollments in the Community
College of the Air Force after March 31, 1996.
SEC. 1079. AMENDMENTS TO EDUCATION LOAN REPAYMENT PROGRAMS.
(a) General Education Loan Repayment Program.--Section
2171(a)(1) of title 10, United States Code, is amended--
(1) by striking out ``or'' at the end of
subparagraph (A);
(2) by redesignating subparagraph (B) as
subparagraph (C); and
(3) by inserting after subparagraph (A) the
following new subparagraph (B):
``(B) any loan made under part D of such title (the
William D. Ford Federal Direct Loan Program, 20 U.S.C.
1087a et seq.); or''.
(b) Education Loan Repayment Program for Enlisted Members
of Selected Reserve With Critical Specialties.--Section
16301(a)(1) of such title is amended--
(1) by striking out ``or'' at the end of
subparagraph (A);
(2) by redesignating subparagraph (B) as
subparagraph (C); and
(3) by inserting after subparagraph (A) the
following new subparagraph (B):
``(B) any loan made under part D of such title (the
William D. Ford Federal Direct Loan Program, 20 U.S.C.
1087a et seq.); or''.
(c) Education Loan Repayment Program for Health Professions
Officers Serving in Selected Reserve With Wartime Critical
Medical Skill Shortages.--Section 16302(a) of such title is
amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5) respectively; and
(2) by inserting after paragraph (1) the following
new paragraph (2):
``(2) any loan made under part D of such title (the
William D. Ford Federal Direct Loan Program, 20 U.S.C.
1087a et seq.); or''.
Subtitle H--Other Matters
SEC. 1081. NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE
REINVESTMENT, AND DEFENSE CONVERSION PROGRAMS.
(a) National Security Objectives for National Technology
and Industrial Base.--(1) Section 2501 of title 10, United
States Code, is amended--
(A) in subsection (a)--
(i) by striking out ``Defense Policy'' in
the subsection heading and inserting in lieu
thereof ``National Security''; and
(ii) by striking out paragraph (5);
(B) by striking out subsection (b); and
(C) by redesignating subsection (c) as subsection
(b).
(2) The heading of such section is amended to read as
follows:
``Sec. 2501. National security objectives concerning national
technology and industrial base''.
(b) National Defense Technology and Industrial Base
Council.--Section 2502(c) of such title is amended--
(1) in paragraph (1), by striking out subparagraph
(B) and inserting in lieu thereof the following new
subparagraph:
``(B) programs for achieving such national
security objectives; and'';
(2) by striking out paragraph (2); and
(3) by redesignating paragraph (3) as paragraph
(2).
(c) Modification of Defense Dual-Use Critical Technology
Partnerships Program.--Section 2511 of such title is amended to
read as follows:
``Sec. 2511. Defense dual-use critical technology program
``(a) Establishment of Program.--The Secretary of Defense
shall conduct a program to further the national security
objectives set forth in section 2501(a) of this title by
encouraging and providing for research, development, and
application of dual-use critical technologies. The Secretary
may make grants, enter into contracts, or enter into
cooperative agreements and other transactions pursuant to
section 2371 of this title in furtherance of the program. The
Secretary shall identify projects to be conducted as part of
the program.
``(b) Assistance Authorized.--The Secretary of Defense may
provide technical and other assistance to facilitate the
achievement of the purposes of projects conducted under the
program. In providing such assistance, the Secretary shall make
available, as appropriate for the work to be performed,
equipment and facilities of Department of Defense laboratories
(including the scientists and engineers at those laboratories)
for purposes of projects selected by the Secretary.
``(c) Financial Commitment of Non-Federal Government
Participants.--(1) The total amount of funds provided by the
Federal Government for a project conducted under the program
may not exceed 50 percent of the total cost of the project.
However, the Secretary of Defense may agree to a project in
which the total amount of funds provided by the Federal
Government exceeds 50 percent if the Secretary determines the
project is particularly meritorious, but the project would not
otherwise have sufficient non-Federal funding or in-kind
contributions.
``(2) The Secretary may prescribe regulations to provide
for consideration of in-kind contributions by non-Federal
Government participants in a project conducted under the
program for the purpose of calculating the share of the project
costs that has been or is being undertaken by such
participants. In such regulations, the Secretary may authorize
a participant that is a small business concern to use funds
received under the Small Business Innovation Research Program
or the Small Business Technology Transfer Program to help pay
the costs of project activities. Any such funds so used may be
considered in calculating the amount of the financial
commitment undertaken by the non-Federal Government
participants unless the Secretary determines that the small
business concern has not made a significant equity percentage
contribution in the project from non-Federal sources.
``(3) The Secretary shall consider a project proposal
submitted by a small business concern without regard to the
ability of the small business concern to immediately meet its
share of the anticipated project costs. Upon the selection of a
project proposal submitted by a small business concern, the
small business concern shall have a period of not less than 120
days in which to arrange to meet its financial commitment
requirements under the project from sources other than a person
of a foreign country. If the Secretary determines upon the
expiration of that period that the small business concern will
be unable to meet its share of the anticipated project costs,
the Secretary shall revoke the selection of the project
proposal submitted by the small business concern.
``(d) Selection Process.--Competitive procedures shall be
used in the conduct of the program.
``(e) Selection Criteria.--The criteria for the selection
of projects under the program shall include the following:
``(1) The extent to which the proposed project
advances and enhances the national security objectives
set forth in section 2501(a) of this title.
``(2) The technical excellence of the proposed
project.
``(3) The qualifications of the personnel proposed
to participate in the research activities of the
proposed project.
``(4) An assessment of timely private sector
investment in activities to achieve the goals and
objectives of the proposed project other than through
the project.
``(5) The potential effectiveness of the project in
the further development and application of each
technology proposed to be developed by the project for
the national technology and industrial base.
``(6) The extent of the financial commitment of
eligible firms to the proposed project.
``(7) The extent to which the project does not
unnecessarily duplicate projects undertaken by other
agencies.
``(f) Regulations.--The Secretary of Defense shall
prescribe regulations for the purposes of this section.''.
(d) Federal Defense Laboratory Diversification Program.--
Section 2519 of such title is amended--
(1) in subsection (b), by striking out ``referred
to in section 2511(b) of this title''; and
(2) in subsection (f), by striking out ``section
2511(f)'' and inserting in lieu thereof ``section
2511(e)''.
(e) Manufacturing Science and Technology Program.--
Subsection (b) of section 2525 of such title is amended to read
as follows:
``(b) Purpose of Program.--The Secretary of Defense shall
use the program--
``(1) to provide centralized guidance and direction
(including goals, milestones, and priorities) to the
military departments and the Defense Agencies on all
matters relating to manufacturing technology;
``(2) to direct the development and implementation
of Department of Defense plans, programs, projects,
activities, and policies that promote the development
and application of advanced technologies to
manufacturing processes, tools, and equipment;
``(3) to improve the manufacturing quality,
productivity, technology, and practices of businesses
and workers providing goods and services to the
Department of Defense;
``(4) to promote dual-use manufacturing processes;
``(5) to disseminate information concerning
improved manufacturing improvement concepts, including
information on such matters as best manufacturing
practices, product data exchange specifications,
computer-aided acquisition and logistics support, and
rapid acquisition of manufactured parts;
``(6) to sustain and enhance the skills and
capabilities of the manufacturing work force;
``(7) to promote high-performance work systems
(with development and dissemination of production
technologies that build upon the skills and
capabilities of the work force), high levels of worker
education and training; and
``(8) to ensure appropriate coordination between
the manufacturing technology programs and industrial
preparedness programs of the Department of Defense and
similar programs undertaken by other departments and
agencies of the Federal Government or by the private
sector.''.
(f) Repeal of Various Assistance Programs.--Sections 2512,
2513, 2520, 2521, 2522, 2523, and 2524 of such title are
repealed.
(g) Repeal of Military-Civilian Integration and Technology
Transfer Advisory Board.--Section 2516 of such title is
repealed.
(h) Repeal of Obsolete Definitions.--Section 2491 of such
title is amended--
(1) by striking out paragraphs (11) and (12); and
(2) by redesignating paragraphs (13), (14), (15),
and (16) as paragraphs (11) (12), (13), and (14),
respectively.
(i) Clerical Amendments.--(1) The table of sections at the
beginning of subchapter II of chapter 148 of such title is
amended by striking out the item relating to section 2501 and
inserting in lieu thereof the following new item:
``2501. National security objectives concerning national technology and
industrial base.''.
(2) The table of sections at the beginning of subchapter
III of such chapter is amended--
(A) by striking out the item relating to section
2511 and inserting in lieu thereof the following new
item:
``2511. Defense dual-use critical technology program.''; and
(B) by striking out the items relating to sections
2512, 2513, 2516, and 2520.
(3) The table of sections at the beginning of subchapter IV
of such chapter is amended by striking out the items relating
to sections 2521, 2522, 2523, and 2524.
SEC. 1082. AMMUNITION INDUSTRIAL BASE.
(a) Review of Ammunition Procurement Programs.--The
Secretary of Defense shall carry out a review of the programs
of the Department of Defense for the procurement of ammunition.
The review shall include the Department of Defense management
of ammunition procurement programs, including the procedures of
the Department for the planning for, budgeting for,
administration, and carrying out of such programs. The
Secretary shall begin the review not later than 30 days after
the date of the enactment of this Act.
(b) Matters To Be Reviewed.--The review under subsection
(a) shall include an assessment of the following:
(1) The practicability and desirability of (A)
continuing to use centralized procurement practices
(through a single executive agent) for the procurement
of ammunition required by the Armed Forces, and (B)
using such centralized procurement practices for the
procurement of all such ammunition.
(2) The capability of the ammunition production
facilities of the Government to meet the requirements
of the Armed Forces for procurement of ammunition.
(3) The practicability and desirability of
converting those ammunition production facilities to
ownership or operation by private sector entities.
(4) The practicability and desirability of
integrating the budget planning for the procurement of
ammunition among the Armed Forces.
(5) The practicability and desirability of
establishing an advocate within the Department of
Defense for matters relating to the ammunition
industrial base, with such an advocate to be
responsible for--
(A) establishing the quantity and price of
ammunition procured by the Armed Forces; and
(B) establishing and implementing policy to
ensure the continuing capability of the
ammunition industrial base in the United States
to meet the requirements of the Armed Forces.
(6) The practicability and desirability of
providing information on the ammunition procurement
practices of the Armed Forces to Congress through a
single source.
(c) Report.--Not later than April 1, 1996, the Secretary
shall submit to the congressional defense committees a report
on the review carried out under subsection (a). The report
shall include the following:
(1) The results of the review.
(2) A discussion of the methodologies used in
carrying out the review.
(3) An assessment of various methods of ensuring
the continuing capability of the ammunition industrial
base of the United States to meet the requirements of
the Armed Forces.
(4) Recommendations of means (including
legislation) of implementing those methods in order to
ensure such continuing capability.
SEC. 1083. POLICY CONCERNING EXCESS DEFENSE INDUSTRIAL CAPACITY.
No funds appropriated pursuant to an authorization of
appropriations in this Act may be used for capital investment
in, or the development and construction of, a Government-owned,
Government-operated defense industrial facility unless the
Secretary of Defense certifies to the Congress that no similar
capability or minimally used capacity exists in any other
Government-owned, Government-operated defense industrial
facility.
SEC. 1084. SENSE OF CONGRESS CONCERNING ACCESS TO SECONDARY SCHOOL
STUDENT INFORMATION FOR RECRUITING PURPOSES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the States (with respect to public schools) and
entities operating private secondary schools should not
have a policy of denying, or otherwise effectively
preventing, the Secretary of Defense from obtaining for
military recruiting purposes--
(A) entry to any secondary school or access
to students at any secondary school equal to
that of other employers; or
(B) access to directory information
pertaining to students at secondary schools
equal to that of other employers (other than in
a case in which an objection has been raised as
described in paragraph (2)); and
(2) any State, and any entity operating a private
secondary school, that releases directory information
secondary school students should--
(A) give public notice of the categories of
such information to be released; and
(B) allow a reasonable period after such
notice has been given for a student or (in the
case of an individual younger than 18 years of
age) a parent to inform the school that any or
all of such information should not be released
without obtaining prior consent from the
student or the parent, as the case may be.
(b) Report on DOD Procedures.--Not later than March 1,
1996, the Secretary of Defense shall submit to Congress a
report on Department of Defense procedures for determining if
and when a State or an entity operating a private secondary
school has denied or prevented access to students or
information as described in subsection (a)(1).
(c) Definitions.--For purposes of this section:
(1) The term ``directory information'' means, with
respect to a student, the student's name, address,
telephone listing, date and place of birth, level of
education, degrees received, and (if available) the
most recent previous educational program enrolled in by
the student.
(2) The term ``student'' means an individual
enrolled in any program of education who is 17 years of
age or older.
SEC. 1085. DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED FOR UNITED
STATES PERSONNEL FROM THE KOREAN CONFLICT, THE
VIETNAM ERA, AND THE COLD WAR.
Section 1082 of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102-190; 50 U.S.C. 401
note) is amended--
(1) in subsection (b)(3)(A), by striking out
``cannot be located after a reasonable effort.'' and
inserting in lieu thereof ``cannot be located by the
Secretary of Defense--
``(i) in the case of a person missing from
the Vietnam era, after a reasonable effort; and
``(ii) in the case of a person missing from
the Korean Conflict or Cold War, after a period
of 90 days from the date on which any record or
other information referred to in paragraph (2)
is received by the Department of Defense for
disclosure review from the Archivist of the
United States, the Library of Congress, or the
Joint United States-Russian Commission on POW/
MIAs.''; and
(2) in subsection (c)(1), by striking out ``not
later than September 30, 1995'' and inserting in lieu
thereof ``not later than January 2, 1996''.
SEC. 1086. OPERATIONAL SUPPORT AIRLIFT AIRCRAFT FLEET.
(a) Submittal of JCS Report on Aircraft.--Not later than
February 1, 1996, the Secretary of Defense shall submit to
Congress the report that, as of the date of the enactment of
this Act, is in preparation by the Chairman of the Joint Chiefs
of Staff on operational support airlift aircraft.
(b) Content of Report.--(1) The report referred to in
subsection (a) shall contain findings and recommendations on
the following:
(A) Requirements for the modernization and safety
of the operational support airlift aircraft fleet.
(B) The disposition of aircraft that would be
excess to that fleet upon fulfillment of the
requirements referred to in subparagraph (A).
(C) Plans and requirements for the standardization
of the fleet, including plans and requirements for the
provision of a single manager for all logistical
support and operational requirements.
(D) Central scheduling of all operational support
airlift aircraft.
(E) Needs of the Department for helicopter support
in the National Capital Region, including the
acceptable uses of that support.
(2) In preparing the report, the Chairman of the Joint
Chiefs of Staff shall take into account the recommendation of
the Commission on Roles and Missions of the Armed Forces to
reduce the size of the operational support airlift aircraft
fleet.
(c) Regulations.--(1) Upon completion of the report
referred to in subsection (a), the Secretary shall prescribe
regulations, consistent with the findings and recommendations
set forth in the report, for the operation, maintenance,
disposition, and use of operational support airlift aircraft.
(2) The regulations shall, to the maximum extent
practicable, provide for, and encourage the use of, commercial
airlines in lieu of the use of such aircraft.
(3) The regulations shall apply uniformly throughout the
Department.
(4) The regulations shall not require exclusive use of such
aircraft for any particular class of government personnel.
(d) Reductions in Flying Hours.--(1) The Secretary shall
ensure that the number of hours flown during fiscal year 1996
by operational support airlift aircraft does not exceed the
number equal to 85 percent of the number of hours flown during
fiscal year 1995 by operational support airlift aircraft.
(2) The Secretary should ensure that the number of hours
flown in the National Capital Region during fiscal year 1996 by
helicopters of the operational support airlift aircraft fleet
does not exceed the number equal to 85 percent of the number of
hours flown in the National Capital Region during fiscal year
1995 by helicopters of the operational support airlift aircraft
fleet.
(e) Restriction on Availability of Funds.--Of the funds
appropriated pursuant to section 301 for the operation and use
of operational support airlift aircraft, not more than 50
percent is available for obligation until the Secretary submits
to Congress the report referred to in subsection (a).
(f) Definitions.--In this section:
(1) The term ``operational support airlift
aircraft'' means aircraft of the Department of Defense
designated within the Department as operational support
airlift aircraft.
(2) The term ``National Capital Region'' has the
meaning given such term in section 2674(f)(2) of title
10, United States Code.
SEC. 1087. CIVIL RESERVE AIR FLEET.
Section 9512 of title 10, United States Code, is amended by
striking out ``full Civil Reserve Air Fleet'' in subsections
(b)(2) and (e) and inserting in lieu thereof ``Civil Reserve
Air Fleet''.
SEC. 1088. DAMAGE OR LOSS TO PERSONAL PROPERTY DUE TO EMERGENCY
EVACUATION OR EXTRAORDINARY CIRCUMSTANCES.
(a) Settlement of Claims of Personnel.--Section 3721(b)(1)
of title 31, United States Code, is amended by inserting after
the first sentence the following: ``If, however, the claim
arose from an emergency evacuation or from extraordinary
circumstances, the amount settled and paid under the authority
of the preceding sentence may exceed $40,000, but may not
exceed $100,000.''.
(b) Applicability.--The amendment made by subsection (a)
shall apply to claims arising before, on, or after the date of
the enactment of this Act.
(c) Representments of Previously Presented Claims.--(1) A
claim under subsection (b) of section 3721 of title 31, United
States Code, that was settled under such section before the
date of the enactment of this Act may be represented under such
section, as amended by subsection (a), to the head of the
agency concerned to recover the amount equal to the difference
between the actual amount of the damage or loss and the amount
settled and paid under the authority of such section before the
date of the enactment of this Act, except that--
(A) the claim shall be represented in writing
within two years after the date of the enactment of
this Act;
(B) a determination of the actual amount of the
damage or loss shall have been made by the head of the
agency concerned pursuant to settlement of the claim
under the authority of such section before the date of
the enactment of this Act;
(C) the claimant shall have proof of the
determination referred to in subparagraph (B); and
(D) the total of all amounts paid in settlement of
the claim under the authority of such section may not
exceed $100,000.
(2) Subsection (k) of such section shall not apply to bar
representment of a claim described in paragraph (1), but shall
apply to such a claim that is represented and settled under
that section after the date of the enactment of this Act.
SEC. 1089. AUTHORITY TO SUSPEND OR TERMINATE COLLECTION ACTIONS AGAINST
DECEASED MEMBERS.
Section 3711 of title 31, United States Code, is amended by
adding at the end the following:
``(g)(1) The Secretary of Defense may suspend or terminate
an action by the Secretary or by the Secretary of a military
department under subsection (a) to collect a claim against the
estate of a person who died while serving on active duty as a
member of the Army, Navy, Air Force, or Marine Corps if the
Secretary determines that, under the circumstances applicable
with respect to the deceased person, it is appropriate to do
so.
``(2) In this subsection, the term `active duty' has the
meaning given that term in section 101 of title 10.''.
SEC. 1090. CHECK CASHING AND EXCHANGE TRANSACTIONS FOR DEPENDENTS OF
UNITED STATES GOVERNMENT PERSONNEL.
(a) Authority To Carry Out Transactions.--Subsection (b) of
section 3342 of title 31, United States Code, is amended--
(1) by redesignating paragraphs (3), (4), and (5)
as paragraphs (4), (5), and (6), respectively; and
(2) by inserting after paragraph (2) the following
new paragraph:
``(3) a dependent of personnel of the Government,
but only--
``(A) at a United States installation at
which adequate banking facilities are not
available; and
``(B) in the case of negotiation of
negotiable instruments, if the dependent's
sponsor authorizes, in writing, the
presentation of negotiable instruments to the
disbursing official for negotiation.''.
(b) Pay Offset.--Subsection (c) of such section is
amended--
(1) by redesignating paragraph (3) as paragraph
(4); and
(2) by inserting after paragraph (2) the following
new paragraph (3):
``(3) The amount of any deficiency resulting from cashing a
check for a dependent under subsection (b)(3), including any
charges assessed against the disbursing official by a financial
institution for insufficient funds to pay the check, may be
offset from the pay of the dependent's sponsor.''.
(c) Definitions.--Such section is further amended by adding
at the end the following:
``(e) Regulations prescribed under subsection (d) shall
include regulations that define the terms `dependent' and
`sponsor' for the purposes of this section. In the regulations,
the term `dependent', with respect to a member of a uniformed
service, shall have the meaning given that term in section 401
of title 37.''.
SEC. 1091. DESIGNATION OF NATIONAL MARITIME CENTER.
(a) Designation of National Maritime Center.--The NAUTICUS
building, located at one Waterside Drive, Norfolk, Virginia,
shall be known and designated as the ``National Maritime
Center''.
(b) Reference to National Maritime Center.--Any reference
in a law, map, regulation, document, paper, or other record of
the United States to the building referred to in subsection (a)
shall be deemed to be a reference to the ``National Maritime
Center''.
SEC. 1092. SENSE OF CONGRESS REGARDING HISTORIC PRESERVATION OF MIDWAY
ISLANDS.
(a) Findings.--Congress makes the following findings:
(1) September 2, 1995, marks the 50th anniversary
of the United States victory over Japan in World War
II.
(2) The Battle of Midway proved to be the turning
point in the war in the Pacific, as United States Navy
forces inflicted such severe losses on the Imperial
Japanese Navy during the battle that the Imperial
Japanese Navy never again took the offensive against
United States or allied forces.
(3) During the Battle of Midway, an outnumbered
force of the United States Navy, consisting of 29 ships
and other units of the Armed Forces under the command
of Admiral Nimitz and Admiral Spruance, out-maneuvered
and out-fought 350 ships of the Imperial Japanese Navy.
(4) It is in the public interest to erect a
memorial to the Battle of Midway that is suitable to
express the enduring gratitude of the American people
for victory in the battle and to inspire future
generations of Americans with the heroism and sacrifice
of the members of the Armed Forces who achieved that
victory.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Midway Islands and the surrounding seas
deserve to be memorialized;
(2) the historic structures related to the Battle
of Midway should be maintained, in accordance with the
National Historic Preservation Act (16 U.S.C. 470-
470t), and subject to the availability of
appropriations for that purpose.
(3) appropriate access to the Midway Islands by
survivors of the Battle of Midway, their families, and
other visitors should be provided in a manner that
ensures the public health and safety on the Midway
Islands and the conservation of the natural resources
of those islands in accordance with existing Federal
law.
SEC. 1093. SENSE OF SENATE REGARDING FEDERAL SPENDING.
It is the sense of the Senate that in pursuit of a balanced
Federal budget, Congress should exercise fiscal restraint,
particularly in authorizing spending not requested by the
executive branch and in proposing new programs.
SEC. 1094. EXTENSION OF AUTHORITY FOR VESSEL WAR RISK INSURANCE.
Section 1214 of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1294), is amended by striking ``June 30, 1995'' and
inserting in lieu thereof ``June 30, 2000''.
TITLE XI--UNIFORM CODE OF MILITARY JUSTICE
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Military Justice
Amendments of 1995''.
SEC. 1102. REFERENCES TO UNIFORM CODE OF MILITARY JUSTICE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice).
Subtitle A--Offenses
SEC. 1111. REFUSAL TO TESTIFY BEFORE COURT-MARTIAL.
Section 847(b) (article 47(b)) is amended--
(1) in the first sentence, by inserting
``indictment or'' after ``shall be tried on''; and
(2) in the second sentence, by striking out ``shall
be'' and all that follows and inserting in lieu thereof
``shall be fined or imprisoned, or both, at the court's
discretion.''.
SEC. 1112. FLIGHT FROM APPREHENSION.
(a) In General.--Section 895 (article 95) is amended to
read as follows:
``Sec. 895. Art. 95. Resistance, flight, breach of arrest, and escape
``Any person subject to this chapter who--
``(1) resists apprehension;
``(2) flees from apprehension;
``(3) breaks arrest; or
``(4) escapes from custody or confinement;
shall be punished as a court-martial may direct.''.
(b) Clerical Amendment.--The item relating to section 895
(article 95) in the table of sections at the beginning of
subchapter X is amended to read as follows:
``895. Art. 95. Resistance, flight, breach of arrest, and escape.''.
SEC. 1113. CARNAL KNOWLEDGE.
(a) Gender Neutrality.--Subsection (b) of section 920
(article 120) is amended to read as follows:
``(b) Any person subject to this chapter who, under
circumstances not amounting to rape, commits an act of sexual
intercourse with a person--
``(1) who is not that person's spouse; and
``(2) who has not attained the age of sixteen
years;
is guilty of carnal knowledge and shall be punished as a court-
martial may direct.''.
(b) Mistake of Fact.--Such section (article) is further
amended by adding at the end the following new subsection:
``(d)(1) In a prosecution under subsection (b), it is an
affirmative defense that--
``(A) the person with whom the accused committed
the act of sexual intercourse had at the time of the
alleged offense attained the age of twelve years; and
``(B) the accused reasonably believed that that
person had at the time of the alleged offense attained
the age of sixteen years.
``(2) The accused has the burden of proving a defense under
paragraph (1) by a preponderance of the evidence.''.
Subtitle B--Sentences
SEC. 1121. EFFECTIVE DATE FOR FORFEITURES OF PAY AND ALLOWANCES AND
REDUCTIONS IN GRADE BY SENTENCE OF COURT-MARTIAL.
(a) Effective Date of Specified Punishments.--Subsection
(a) of section 857 (article 57) is amended to read as follows:
``(a)(1) Any forfeiture of pay or allowances or reduction
in grade that is included in a sentence of a court-martial
takes effect on the earlier of--
``(A) the date that is 14 days after the date on
which the sentence is adjudged; or
``(B) the date on which the sentence is approved by
the convening authority.
``(2) On application by an accused, the convening authority
may defer a forfeiture of pay or allowances or reduction in
grade that would otherwise become effective under paragraph
(1)(A) until the date on which the sentence is approved by the
convening authority. Such a deferment may be rescinded at any
time by the convening authority.
``(3) A forfeiture of pay or allowances shall be applicable
to pay and allowances accruing on and after the date on which
the sentence takes effect.
``(4) In this subsection, the term `convening authority',
with respect to a sentence of a court-martial, means any person
authorized to act on the sentence under section 860 of this
title (article 60).''.
(b) Applicability.--The amendment made by subsection (a)
shall apply to a case in which a sentence is adjudged by a
court-martial on or after the first day of the first month that
begins at least 30 days after the date of the enactment of this
Act.
SEC. 1122. REQUIRED FORFEITURE OF PAY AND ALLOWANCES DURING
CONFINEMENT.
(a) Effect of Punitive Separation or Confinement for More
Than Six Months.--(1) Subchapter VIII is amended by inserting
after section 858a (article 58a) the following:
``Sec. 858b. Art. 58b. Sentences: forfeiture of pay and allowances
during confinement
``(a)(1) A court-martial sentence described in paragraph
(2) shall result in the forfeiture of pay and allowances due
that member during any period of confinement or parole. The
forfeiture pursuant to this section shall take effect on the
date determined under section 857(a) of this title (article
57(a)) and may be deferred as provided in that section. The pay
and allowances forfeited, in the case of a general court-
martial, shall be all pay and allowances due that member during
such period and, in the case of a special court-martial, shall
be two-thirds of all pay and allowances due that member during
such period.
``(2) A sentence covered by this section is any sentence
that includes--
``(A) confinement for more than six months or
death; or
``(B) confinement for six months or less and a
dishonorable or bad-conduct discharge or dismissal.
``(b) In a case involving an accused who has dependents,
the convening authority or other person acting under section
860 of this title (article 60) may waive any or all of the
forfeitures of pay and allowances required by subsection (a)
for a period not to exceed six months. Any amount of pay or
allowances that, except for a waiver under this subsection,
would be forfeited shall be paid, as the convening authority or
other person taking action directs, to the dependents of the
accused.
``(c) If the sentence of a member who forfeits pay and
allowances under subsection (a) is set aside or disapproved or,
as finally approved, does not provide for a punishment referred
to in subsection (a)(2), the member shall be paid the pay and
allowances which the member would have been paid, except for
the forfeiture, for the period during which the forfeiture was
in effect.''.
(2) The table of sections at the beginning of subchapter
VIII is amended by adding at the end the following new item:
``858b. 58b. Sentences: forfeiture of pay and allowances during
confinement.''.
(b) Applicability.--The section (article) added by the
amendment made by subsection (a)(1) shall apply to a case in
which a sentence is adjudged by a court-martial on or after the
first day of the first month that begins at least 30 days after
the date of the enactment of this Act.
(c) Conforming Amendment.--(1) Section 804 of title 37,
United States Code, is repealed.
(2) The table of sections at the beginning of chapter 15 of
such title is amended by striking out the item relating to
section 804.
SEC. 1123. DEFERMENT OF CONFINEMENT.
(a) Deferment.--Subchapter VIII is amended--
(1) by inserting after subsection (c) of section
857 (article 57) the following:
``Sec. 857a. Art. 57a. Deferment of sentences'';
(2) by redesignating the succeeding two subsections
as subsections (a) and (b);
(3) in subsection (b), as redesignated by paragraph
(2), by striking out ``postpone'' and inserting in lieu
thereof ``defer''; and
(4) by inserting after subsection (b), as
redesignated by paragraph (2), the following:
``(c) In any case in which a court-martial sentences a
person to confinement and the sentence to confinement has been
ordered executed, but in which review of the case under section
867(a)(2) of this title (article 67(a)(2)) is pending, the
Secretary concerned may defer further service of the sentence
to confinement while that review is pending.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 857 (article 57) the following new
item:
``857a. 57a. Deferment of sentences.''.
Subtitle C--Pretrial and Post-Trial Actions
SEC. 1131. ARTICLE 32 INVESTIGATIONS.
Section 832 (article 32) is amended--
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting after subsection (c) the following
new subsection (d):
``(d) If evidence adduced in an investigation under this
article indicates that the accused committed an uncharged
offense, the investigating officer may investigate the subject
matter of that offense without the accused having first been
charged with the offense if the accused--
``(1) is present at the investigation;
``(2) is informed of the nature of each uncharged
offense investigated; and
``(3) is afforded the opportunities for
representation, cross-examination, and presentation
prescribed in subsection (b).''.
SEC. 1132. SUBMISSION OF MATTERS TO THE CONVENING AUTHORITY FOR
CONSIDERATION.
Section 860(b)(1) (article 60(b)(1)) is amended by
inserting after the first sentence the following: ``Any such
submission shall be in writing.''.
SEC. 1133. COMMITMENT OF ACCUSED TO TREATMENT FACILITY BY REASON OF
LACK OF MENTAL CAPACITY OR MENTAL RESPONSIBILITY.
(a) Applicable Procedures.--(1) Subchapter IX is amended by
inserting after section 876a (article 76a) the following:
``Sec. 876b. Art. 76b. Lack of mental capacity or mental
responsibility: commitment of accused for
examination and treatment
``(a) Persons Incompetent To Stand Trial.--(1) In the case
of a person determined under this chapter to be presently
suffering from a mental disease or defect rendering the person
mentally incompetent to the extent that the person is unable to
understand the nature of the proceedings against that person or
to conduct or cooperate intelligently in the defense of the
case, the general court-martial convening authority for that
person shall commit the person to the custody of the Attorney
General.
``(2) The Attorney General shall take action in accordance
with section 4241(d) of title 18.
``(3) If at the end of the period for hospitalization
provided for in section 4241(d) of title 18, it is determined
that the committed person's mental condition has not so
improved as to permit the trial to proceed, action shall be
taken in accordance with section 4246 of such title.
``(4)(A) When the director of a facility in which a person
is hospitalized pursuant to paragraph (2) determines that the
person has recovered to such an extent that the person is able
to understand the nature of the proceedings against the person
and to conduct or cooperate intelligently in the defense of the
case, the director shall promptly transmit a notification of
that determination to the Attorney General and to the general
court-martial convening authority for the person. The director
shall send a copy of the notification to the person's counsel.
``(B) Upon receipt of a notification, the general court-
martial convening authority shall promptly take custody of the
person unless the person covered by the notification is no
longer subject to this chapter. If the person is no longer
subject to this chapter, the Attorney General shall take any
action within the authority of the Attorney General that the
Attorney General considers appropriate regarding the person.
``(C) The director of the facility may retain custody of
the person for not more than 30 days after transmitting the
notifications required by subparagraph (A).
``(5) In the application of section 4246 of title 18 to a
case under this subsection, references to the court that
ordered the commitment of a person, and to the clerk of such
court, shall be deemed to refer to the general court-martial
convening authority for that person. However, if the person is
no longer subject to this chapter at a time relevant to the
application of such section to the person, the United States
district court for the district where the person is
hospitalized or otherwise may be found shall be considered as
the court that ordered the commitment of the person.
``(b) Persons Found Not Guilty by Reason of Lack of Mental
Responsibility.--(1) If a person is found by a court-martial
not guilty only by reason of lack of mental responsibility, the
person shall be committed to a suitable facility until the
person is eligible for release in accordance with this section.
``(2) The court-martial shall conduct a hearing on the
mental condition in accordance with subsection (c) of section
4243 of title 18. Subsections (b) and (d) of that section shall
apply with respect to the hearing.
``(3) A report of the results of the hearing shall be made
to the general court-martial convening authority for the
person.
``(4) If the court-martial fails to find by the standard
specified in subsection (d) of section 4243 of title 18 that
the person's release would not create a substantial risk of
bodily injury to another person or serious damage of property
of another due to a present mental disease or defect--
``(A) the general court-martial convening authority
may commit the person to the custody of the Attorney
General; and
``(B) the Attorney General shall take action in
accordance with subsection (e) of section 4243 of title
18.
``(5) Subsections (f), (g), and (h) of section 4243 of
title 18 shall apply in the case of a person hospitalized
pursuant to paragraph (4)(B), except that the United States
district court for the district where the person is
hospitalized shall be considered as the court that ordered the
person's commitment.
``(c) General Provisions.--(1) Except as otherwise provided
in this subsection and subsection (d)(1), the provisions of
section 4247 of title 18 apply in the administration of this
section.
``(2) In the application of section 4247(d) of title 18 to
hearings conducted by a court-martial under this section or by
(or by order of) a general court-martial convening authority
under this section, the reference in that section to section
3006A of such title does not apply.
``(d) Applicability.--(1) The provisions of chapter 313 of
title 18 referred to in this section apply according to the
provisions of this section notwithstanding section 4247(j) of
title 18.
``(2) If the status of a person as described in section 802
of this title (article 2) terminates while the person is,
pursuant to this section, in the custody of the Attorney
General, hospitalized, or on conditional release under a
prescribed regimen of medical, psychiatric, or psychological
care or treatment, the provisions of this section establishing
requirements and procedures regarding a person no longer
subject to this chapter shall continue to apply to that person
notwithstanding the change of status.''.
(2) The table of sections at the beginning of such
subchapter is amended by inserting after the item relating to
section 876a (article 76a) the following:
``876b. 76b. Lack of mental capacity or mental responsibility:
commitment of accused for examination and treatment.''.
(b) Conforming Amendment.--Section 802 (article 2) is
amended by adding at the end the following new subsection:
``(e) The provisions of this section are subject to section
876b(d)(2) of this title (article 76b(d)(2)).''.
(c) Effective Date.--Section 876b of title 10, United
States Code (article 76b of the Uniform Code of Military
Justice), as added by subsection (a), shall take effect at the
end of the six-month period beginning on the date of the
enactment of this Act and shall apply with respect to charges
referred to courts-martial after the end of that period.
Subtitle D--Appellate Matters
SEC. 1141. APPEALS BY THE UNITED STATES.
(a) Appeals Relating To Disclosure of Classified
Information.--Section 862(a)(1) (article 62(a)(1)) is amended
to read as follows:
``(a)(1) In a trial by court-martial in which a military
judge presides and in which a punitive discharge may be
adjudged, the United States may appeal the following (other
than an order or ruling that is, or that amounts to, a finding
of not guilty with respect to the charge or specification):
``(A) An order or ruling of the military judge
which terminates the proceedings with respect to a
charge or specification.
``(B) An order or ruling which excludes evidence
that is substantial proof of a fact material in the
proceeding.
``(C) An order or ruling which directs the
disclosure of classified information.
``(D) An order or ruling which imposes sanctions
for nondisclosure of classified information.
``(E) A refusal of the military judge to issue a
protective order sought by the United States to prevent
the disclosure of classified information.
``(F) A refusal by the military judge to enforce an
order described in subparagraph (E) that has previously
been issued by appropriate authority.''.
(b) Definitions.--Section 801 (article 1) is amended by
inserting after paragraph (14) the following new paragraphs:
``(15) The term `classified information' means (A)
any information or material that has been determined by
an official of the United States pursuant to law, an
Executive order, or regulation to require protection
against unauthorized disclosure for reasons of national
security, and (B) any restricted data, as defined in
section 11(y) of the Atomic Energy Act of 1954 (42
U.S.C. 2014(y)).
``(16) The term `national security' means the
national defense and foreign relations of the United
States.''.
SEC. 1142. REPEAL OF TERMINATION OF AUTHORITY FOR CHIEF JUSTICE OF
UNITED STATES TO DESIGNATE ARTICLE III JUDGES FOR
TEMPORARY SERVICE ON COURT OF APPEALS FOR THE ARMED
FORCES.
Subsection (i) of section 1301 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law
101-189; 10 U.S.C. 942 note) is repealed.
Subtitle E--Other Matters
SEC. 1151. ADVISORY COMMITTEE ON CRIMINAL LAW JURISDICTION OVER
CIVILIANS ACCOMPANYING THE ARMED FORCES IN TIME OF
ARMED CONFLICT.
(a) Establishment.--Not later than 45 days after the date
of the enactment of this Act, the Secretary of Defense and the
Attorney General shall jointly appoint an advisory committee to
review and make recommendations concerning the appropriate
forum for criminal jurisdiction over civilians accompanying the
Armed Forces in the field outside the United States in time of
armed conflict.
(b) Membership.--The committee shall be composed of at
least five individuals, including experts in military law,
international law, and federal civilian criminal law. In making
appointments to the committee, the Secretary and the Attorney
General shall ensure that the members of the committee reflect
diverse experiences in the conduct of prosecution and defense
functions.
(c) Duties.--The committee shall do the following:
(1) Review historical experiences and current
practices concerning the use, training, discipline, and
functions of civilians accompanying the Armed Forces in
the field.
(2) Based upon such review and other information
available to the commitee, develop specific
recommendations concerning the advisability and
feasibility of establishing United States criminal law
jurisdiction over persons who as civilians accompany
the Armed Forces in the field outside the United States
during time of armed conflict not involving a war
declared by Congress, including whether such
jurisdiction should be established through any of the
following means (or a combination of such means
depending upon the degree of the armed conflict
involved):
(A) Establishing court-martial jurisdiction
over such persons.
(B) Extending the jurisdiction of the
Article III courts to cover such persons.
(C) Establishing an Article I court to
exercise criminal jurisdiction over such
persons.
(3) Develop such additional recommendations as the
committee considers appropriate as a result of the
review.
(d) Report.--(1) Not later than December 15, 1996, the
advisory committee shall transmit to the Secretary of Defense
and the Attorney General a report setting forth its findings
and recommendations, including the recommendations required
under subsection (c)(2).
(2) Not later than January 15, 1997, the Secretary of
Defense and the Attorney General shall jointly transmit the
report of the advisory committee to Congress. The Secretary and
the Attorney General may include in the transmittal any joint
comments on the report that they consider appropriate, and
either such official may include in the transmittal any
separate comments on the report that such official considers
appropriate.
(e) Definitions.--For purposes of this section:
(1) The term ``Article I court'' means a court
established under Article I of the Constitution.
(2) The term ``Article III court'' means a court
established under Article III of the Constitution.
(f) Termination of Committee.--The advisory committee shall
terminate 30 days after the date on which the report of the
committee is submitted to Congress under subsection (d)(2).
SEC. 1152. TIME AFTER ACCESSION FOR INITIAL INSTRUCTION IN THE UNIFORM
CODE OF MILITARY JUSTICE.
Section 937(a)(1) (article 137(a)(1)) is amended by
striking out ``within six days'' and inserting in lieu thereof
``within fourteen days''.
SEC. 1153. TECHNICAL AMENDMENT.
Section 866(f) (article 66(f)) is amended by striking out
``Courts of Military Review'' both places it appears and
inserting in lieu thereof ``Courts of Criminal Appeals''.
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
SEC. 1201. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.
(a) In General.--For purposes of section 301 and other
provisions of this Act, Cooperative Threat Reduction programs
are the programs specified in subsection (b).
(b) Specified Programs.--The programs referred to in
subsection (a) are the following programs with respect to
states of the former Soviet Union:
(1) Programs to facilitate the elimination, and the
safe and secure transportation and storage, of nuclear,
chemical, and other weapons and their delivery
vehicles.
(2) Programs to facilitate the safe and secure
storage of fissile materials derived from the
elimination of nuclear weapons.
(3) Programs to prevent the proliferation of
weapons, weapons components, and weapons-related
technology and expertise.
(4) Programs to expand military-to-military and
defense contacts.
SEC. 1202. FISCAL YEAR 1996 FUNDING ALLOCATIONS.
(a) In General.--Of the amount appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative
Threat Reduction programs, not more than the following amounts
may be obligated for the purposes specified:
(1) For elimination of strategic offensive weapons
in Russia, Ukraine, Belarus, and Kazakhstan,
$90,000,000.
(2) For weapons security in Russia, $42,500,000.
(3) For the Defense Enterprise Fund, $0.
(4) For nuclear infrastructure elimination in
Ukraine, Belarus, and Kazakhstan, $35,000,000.
(5) For planning and design of a storage facility
for Russian fissile material, $29,000,000.
(6) For planning and design of a chemical weapons
destruction facility in Russia, $73,000,000.
(7) For activities designated as Defense and
Military Contacts/General Support/Training in Russia,
Ukraine, Belarus, and Kazakhstan, $10,000,000.
(8) For activities designated as Other Assessments/
Support $20,500,000.
(b) Limited Authority To Vary Individual Amounts.--(1) If
the Secretary of Defense determines that it is necessary to do
so in the national interest, the Secretary may, subject to
paragraph (2), obligate amounts for the purposes stated in any
of the paragraphs of subsection (a) in excess of the amount
specified for those purposes in that paragraph, but not in
excess of 115 percent of that amount. However, the total amount
obligated for the purposes stated in the paragraphs in
subsection (a) may not by reason of the use of the authority
provided in the preceding sentence exceed the sum of the
amounts specified in those paragraphs.
(2) An obligation for the purposes stated in any of the
paragraphs in subsection (a) in excess of the amount specified
in that paragraph may be made using the authority provided in
paragraph (1) only after--
(A) the Secretary submits to Congress a
notification of the intent to do so together with a
complete discussion of the justification for doing so;
and
(B) 15 days have elapsed following the date of the
notification.
(c) Reimbursement of Pay Accounts.--Funds appropriated
pursuant to the authorization of appropriations in section 301
for Cooperative Threat Reduction programs may be transferred to
military personnel accounts for reimbursement of those accounts
for the amount of pay and allowances paid to reserve component
personnel for service while engaged in any activity under a
Cooperative Threat Reduction program.
SEC. 1203. PROHIBITION ON USE OF FUNDS FOR PEACEKEEPING EXERCISES AND
RELATED ACTIVITIES WITH RUSSIA.
None of the funds appropriated pursuant to the
authorization in section 301 for Cooperative Threat Reduction
programs may be obligated or expended for the purpose of
conducting with Russia any peacekeeping exercise or other
peacekeeping-related activity.
SEC. 1204. REVISION TO AUTHORITY FOR ASSISTANCE FOR WEAPONS
DESTRUCTION.
Section 211 of Public Law 102-228 (22 U.S.C. 2551 note) is
amended by adding at the end the following new subsection:
``(c) As part of a transmission to Congress under
subsection (b) of a certification that a proposed recipient of
United States assistance under this title is committed to
carrying out the matters specified in each of paragraphs (1)
through (6) of that subsection, the President shall include a
statement setting forth, in unclassified form (together with a
classified annex if necessary), the determination of the
President, with respect to each such paragraph, as to whether
that proposed recipient is at that time in fact carrying out
the matter specified in that paragraph.''.
SEC. 1205. PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.
(a) Annual Requirement.--(1) Not less than 15 days before
any obligation of any funds appropriated for any fiscal year
for a program specified under section 1201 as a Cooperative
Threat Reduction program, the Secretary of Defense shall submit
to the congressional committees specified in paragraph (2) a
report on that proposed obligation for that program for that
fiscal year.
(2) The congressional committees referred to in paragraph
(1) are the following:
(A) The Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate.
(B) The Committee on National Security, the
Committee on International Relations, and the Committee
on Appropriations of the House of Representatives.
(b) Matters To Be Specified in Reports.--Each such report
shall specify--
(1) the activities and forms of assistance for
which the Secretary of Defense plans to obligate funds;
(2) the amount of the proposed obligation; and
(3) the projected involvement (if any) of any
department or agency of the United States (in addition
to the Department of Defense) and of the private sector
of the United States in the activities and forms of
assistance for which the Secretary of Defense plans to
obligate such funds.
SEC. 1206. REPORT ON ACCOUNTING FOR UNITED STATES ASSISTANCE.
(a) Report.--(1) The Secretary of Defense shall submit to
Congress an annual report on the efforts made by the United
States (including efforts through the use of audits,
examinations, and on-site inspections) to ensure that
assistance provided under Cooperative Threat Reduction programs
is fully accounted for and that such assistance is being used
for its intended purposes.
(2) A report shall be submitted under this section not
later than January 31 of each year until the Cooperative Threat
Reduction programs are completed.
(b) Information To Be Included.--Each report under this
section shall include the following:
(1) A list of cooperative threat reduction
assistance that has been provided before the date of
the report.
(2) A description of the current location of the
assistance provided and the current condition of such
assistance.
(3) A determination of whether the assistance has
been used for its intended purpose.
(4) A description of the activities planned to be
carried out during the next fiscal year to ensure that
cooperative threat reduction assistance provided during
that fiscal year is fully accounted for and is used for
its intended purpose.
(c) Comptroller General Assessment.--Not later than 30 days
after the date on which a report of the Secretary under
subsection (a) is submitted to Congress, the Comptroller
General of the United States shall submit to Congress a report
giving the Comptroller General's assessment of the report and
making any recommendations that the Comptroller General
considers appropriate.
SEC. 1207. LIMITATION ON ASSISTANCE TO NUCLEAR WEAPONS SCIENTISTS OF
FORMER SOVIET UNION.
Amounts appropriated pursuant to the authorization of
appropriations in section 301 for Cooperative Threat Reduction
programs may not be obligated for any program established
primarily to assist nuclear weapons scientists in states of the
former Soviet Union until 30 days after the date on which the
Secretary of Defense certifies in writing to Congress that the
funds to be obligated will not be used (1) to contribute to the
modernization of the strategic nuclear forces of such states,
or (2) for research, development, or production of weapons of
mass destruction.
SEC. 1208. LIMITATION RELATING TO OFFENSIVE BIOLOGICAL WARFARE PROGRAM
OF RUSSIA.
(a) Limitation.--Of the amount appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative
Threat Reduction programs that is available for the purpose
stated in section 1202(a)(6), $60,000,000 may not be obligated
or expended until the President submits to Congress either a
certification as provided in subsection (b) or a certification
as provided in subsection (c).
(b) Certification With Respect to Offensive Biological
Warfare Program of Russia.--A certification under this
subsection is a certification by the President of each of the
following:
(1) That Russia is in compliance with its
obligations under the Biological Weapons Convention.
(2) That Russia has agreed with the United States
and the United Kingdom on a common set of procedures to
govern visits by officials of the United States and
United Kingdom to military biological facilities of
Russia, as called for under the Joint Statement on
Biological Weapons issued by officials of the United
States, the United Kingdom, and Russia on September 14,
1992.
(3) That visits by officials of the United States
and United Kingdom to the four declared military
biological facilities of Russia have occurred.
(c) Alternative Certification.--A certification under this
subsection is a certification by the President that the
President is unable to make a certification under subsection
(b).
(d) Use of Funds Upon Alternative Certification.--If the
President makes a certification under subsection (c), the
$60,000,000 specified in subsection (a)--
(1) shall not be available for the purpose stated
in section 1202(a)(6); and
(2) shall be available for activities in Ukraine,
Kazakhstan, and Belarus--
(A) for the elimination of strategic
offensive weapons (in addition to the amount
specified in section 1202(a)(1)); and
(B) for nuclear infrastructure elimination
(in addition to the amount specified in section
1202(a)(4)).
SEC. 1209. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION
FACILITY.
(a) Limitation.--Of the amount appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative
Threat Reduction programs that is available for planning and
design of a chemical weapons destruction facility, not more
than one-half of such amount may be obligated or expended until
the President certifies to Congress the following:
(1) That the United States and Russia have
completed a joint laboratory study to determine the
feasibility of an appropriate technology for
destruction of chemical weapons of Russia.
(2) That Russia is making reasonable progress, with
the assistance of the United States (if necessary),
toward the completion of a comprehensive implementation
plan for managing and funding the dismantlement and
destruction of Russia's chemical weapons stockpile.
(3) That the United States and Russia have made
substantial progress toward resolution, to the
satisfaction of the United States, of outstanding
compliance issues under the 1989 Wyoming Memorandum of
Understanding and the 1990 Bilateral Destruction
Agreement.
(b) Definitions.--In this section:
(1) The term ``1989 Wyoming Memorandum of
Understanding'' means the Memorandum of Understanding
between the Government of the United States of America
and the Government of the Union of Soviet Socialist
Republics Regarding a Bilateral Verification Experiment
and Data Exchange Related to Prohibition on Chemical
Weapons, signed at Jackson Hole, Wyoming, on September
23, 1989.
(2) The term ``1990 Bilateral Destruction
Agreement'' means the Agreement between the United
States of America and the Union of Soviet Socialist
Republics on destruction and non-production of chemical
weapons and on measures to facilitate the multilateral
convention on banning chemical weapons signed on June
1, 1990.
TITLE XIII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Peacekeeping Provisions
SEC. 1301. PLACEMENT OF UNITED STATES FORCES UNDER UNITED NATIONS
OPERATIONAL OR TACTICAL CONTROL.
(a) Findings.--Congress finds the following:
(1) The President has made United Nations peace
operations a major component of the foreign and
security policies of the United States.
(2) The President has committed United States
military personnel under United Nations operational
control to missions in Haiti, Croatia, and Macedonia
that could endanger those personnel.
(3) The President has committed the United States
to deploy as many as 25,000 military personnel to
Bosnia-Herzegovina as peacekeepers under NATO
operational control in the event that the parties to
that conflict reach a peace agreement.
(4) Although the President has insisted that he
will retain command of United States forces at all
times, in the past this has meant administrative
control of United States forces only, while operational
control has been ceded to United Nations commanders,
some of whom were foreign nationals.
(5) The experience of United States forces
participating in combined United States-United Nations
operations in Somalia, and in combined United Nations-
NATO operations in the former Yugoslavia, demonstrate
that prerequisites for effective military operations
such as unity of command and clarity of mission have
not been met by United Nations command and control
arrangements.
(6) Despite the many deficiencies in the conduct of
United Nations peace operations, there may be unique
occasions when it is in the national security interests
of the United States to participate in such operations.
(b) Policy.--It is the sense of Congress that--
(1) the President should consult closely with
Congress regarding any United Nations peace operation
that could involve United States combat forces and that
such consultations should continue throughout the
duration of such activities;
(2) the President should consult with Congress
before a vote within the United Nations Security
Council on any resolution which would authorize,
extend, or revise the mandate for any such activity;
(3) in view of the complexity of United Nations
peace operations and the difficulty of achieving unity
of command and expeditious decisionmaking, the United
States should participate in such operations only when
it is clearly in the national security interest to do
so;
(4) United States combat forces should be under the
operational control of qualified commanders and should
have clear and effective command and control
arrangements and rules of engagement (which do not
restrict their self-defense in any way) and clear and
unambiguous mission statements; and
(5) none of the Armed Forces of the United States
should be under the operational control of foreign
nationals in United Nations peace enforcement
operations except in the most extraordinary
circumstances.
(c) Definitions.--For purposes of subsections (a) and (b):
(1) The term ``United Nations peace enforcement
operations'' means any international peace enforcement
or similar activity that is authorized by the United
Nations Security Council under chapter VII of the
Charter of the United Nations.
(2) The term ``United Nations peace operations''
means any international peacekeeping, peacemaking,
peace enforcement, or similar activity that is
authorized by the United Nations Security Council under
chapter VI or VII of the Charter of the United Nations.
(d) In General.--(1) Chapter 20 of title 10, United States
Code, is amended by inserting after section 404 the following
new section:
``Sec. 405. Placement of United States forces under United Nations
operational or tactical control: limitation
``(a) Limitation.--Except as provided in subsections (b)
and (c), funds appropriated or otherwise made available for the
Department of Defense may not be obligated or expended for
activities of any element of the armed forces that after the
date of the enactment of this section is placed under United
Nations operational or tactical control, as defined in
subsection (f).
``(b) Exception for Presidential Certification.--(1)
Subsection (a) shall not apply in the case of a proposed
placement of an element of the armed forces under United
Nations operational or tactical control if the President, not
less than 15 days before the date on which such United Nations
operational or tactical control is to become effective (or as
provided in paragraph (2)), meets the requirements of
subsection (d).
``(2) If the President certifies to Congress that an
emergency exists that precludes the President from meeting the
requirements of subsection (d) 15 days before placing an
element of the armed forces under United Nations operational or
tactical control, the President may place such forces under
such operational or tactical control and meet the requirements
of subsection (d) in a timely manner, but in no event later
than 48 hours after such operational or tactical control
becomes effective.
``(c) Additional Exceptions.--(1) Subsection (a) shall not
apply in the case of a proposed placement of any element of the
Armed Forces under United Nations operational or tactical
control if the Congress specifically authorizes by law that
particular placement of United States forces under United
Nations operational or tactical control.
``(2) Subsection (a) shall not apply in the case of a
proposed placement of any element of the armed forces in an
operation conducted by the North Atlantic Treaty Organization.
``(d) Presidential Certifications.--The requirements
referred to in subsection (b)(1) are that the President submit
to Congress the following:
``(1) Certification by the President that it is in
the national security interests of the United States to
place any element of the armed forces under United
Nations operational or tactical control.
``(2) A report setting forth the following:
``(A) A description of the national
security interests that would be advanced by
the placement of United States forces under
United Nations operation or tactical control.
``(B) The mission of the United States
forces involved.
``(C) The expected size and composition of
the United States forces involved.
``(D) The precise command and control
relationship between the United States forces
involved and the United Nations command
structure.
``(E) The precise command and control
relationship between the United States forces
involved and the commander of the United States
unified command for the region in which those
United States forces are to operate.
``(F) The extent to which the United States
forces involved will rely on forces of other
countries for security and defense and an
assessment of the capability of those other
forces to provide adequate security to the
United States forces involved.
``(G) The exit strategy for complete
withdrawal of the United States forces
involved.
``(H) The extent to which the commander of
any unit of the Armed Forces proposed for
placement under United Nations operational or
tactical control will at all times retain the
right--
``(i) to report independently to
superior United States military
authorities; and
``(ii) to decline to comply with
orders judged by the commander to be
illegal or beyond the mandate of the
mission to which the United States
agreed with the United Nations, until
such time as that commander receives
direction from superior United States
military authorities with respect to
the orders that the commander has
declined to comply with.
``(I) The extent to which the United States
will retain the authority to withdraw any
element of the Armed Forces from the proposed
operation at any time and to take any action it
considers necessary to protect those forces if
they are engaged.
``(J) The anticipated monthly incremental
cost to the United States of participation in
the United Nations operation by the United
States forces which are proposed to be placed
under United Nations operational or tactical
control.
``(e) Classification of Report.--A report under subsection
(d) shall be submitted in unclassified form and, if necessary,
in classified form.
``(f) United Nations Operational or Tactical Control.--For
purposes of this section, an element of the Armed Forces shall
be considered to be placed under United Nations operational or
tactical control if--
``(1) that element is under the operational or
tactical control of an individual acting on behalf of
the United Nations for the purpose of international
peacekeeping, peacemaking, peace-enforcing, or similar
activity that is authorized by the Security Council
under chapter VI or VII of the Charter of the United
Nations; and
``(2) the senior military commander of the United
Nations force or operation is a foreign national or is
a citizen of the United States who is not a United
States military officer serving on active duty.
``(g) Interpretation.--Nothing in this section may be
construed--
``(1) as authority for the President to use any
element of the armed forces in any operation; and
``(2) as authority for the President to place any
element of the armed forces under the command or
operational control of a foreign national.''.
(2) The table of sections at the beginning of subchapter I
of such chapter is amended by adding at the end the following
new item:
``405. Placement of United States forces under United Nations
operational or tactical control: limitation.''.
(e) Exception for Ongoing Operations in Macedonia and
Croatia.--Section 405 of title 10, United States Code, as added
by subsection (d), does not apply in the case of activities of
the Armed Forces as part of the United Nations force designated
as the United Nations Protection Force (UNPROFOR) that are
carried out--
(1) in Macedonia pursuant to United Nations
Security Council Resolution 795, adopted December 11,
1992, and subsequent reauthorization Resolutions; or
(2) in Croatia pursuant to United Nations Security
Council Resolution 743, adopted February 21, 1992, and
subsequent reauthorization Resolutions.
SEC. 1302. LIMITATION ON USE OF DEPARTMENT OF DEFENSE FUNDS FOR UNITED
STATES SHARE OF COSTS OF UNITED NATIONS
PEACEKEEPING ACTIVITIES.
(a) In General.--Chapter 20 of title 10, United States
Code, is amended by inserting after section 405, as added by
section 1301, the following new section:
``Sec. 406. Use of Department of Defense funds for United States share
of costs of United Nations peacekeeping activities:
limitation
``(a) Prohibition on Use of Funds.--Funds available to the
Department of Defense may not be used to make a financial
contribution (directly or through another department or agency
of the United States) to the United Nations--
``(1) for the costs of a United Nations
peacekeeping activity; or
``(2) for any United States arrearage to the United
Nations.
``(b) Application of Prohibition.--The prohibition in
subsection (a) applies to voluntary contributions, as well as
to contributions pursuant to assessment by the United Nations
for the United States share of the costs of a peacekeeping
activity.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 405, as added by section 1301, the
following new item:
``406. Use of Department of Defense funds for United States share of
costs of United Nations peacekeeping activities:
limitation.''.
Subtitle B--Humanitarian Assistance Programs
SEC. 1311. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID PROGRAMS.
(a) Covered Programs.--For purposes of section 301 and
other provisions of this Act, programs of the Department of
Defense designated as Overseas Humanitarian, Disaster, and
Civic Aid (OHDACA) programs are the programs provided by
sections 401, 402, 404, 2547, and 2551 of title 10, United
States Code.
(b) GAO Report.--Not later than March 1, 1996, the
Comptroller General of the United States shall provide to the
congressional defense committees a report on--
(1) existing funding mechanisms available to cover
the costs associated with the Overseas Humanitarian,
Disaster, and Civic Assistance activities through funds
provided to the Department of State or the Agency for
International Development, and
(2) if such mechanisms do not exist, actions
necessary to institute such mechanisms, including any
changes in existing law or regulations.
SEC. 1312. HUMANITARIAN ASSISTANCE.
Section 2551 of title 10, United States Code is amended--
(1) by striking out subsections (b) and (c);
(2) by redesignating subsection (d) as subsection
(b);
(3) by striking out subsection (e) and inserting in
lieu thereof the following:
``(c) Status Reports.--(1) The Secretary of Defense shall
submit to the congressional committees specified in subsection
(f) an annual report on the provision of humanitarian
assistance pursuant to this section for the prior fiscal year.
The report shall be submitted each year at the time of the
budget submission by the President for the next fiscal year.
``(2) Each report required by paragraph (1) shall cover all
provisions of law that authorize appropriations for
humanitarian assistance to be available from the Department of
Defense for the purposes of this section.
``(3) Each report under this subsection shall set forth the
following information regarding activities during the previous
fiscal year:
``(A) The total amount of funds obligated for
humanitarian relief under this section.
``(B) The number of scheduled and completed
transportation missions for purposes of providing
humanitarian assistance under this section.
``(C) A description of any transfer of excess
nonlethal supplies of the Department of Defense made
available for humanitarian relief purposes under
section 2547 of this title. The description shall
include the date of the transfer, the entity to whom
the transfer is made, and the quantity of items
transferred.'';
(4) by redesignating subsection (f) as subsection
(d) and in that subsection striking out ``the
Committees on'' and all that follows through ``House of
Representatives of the'' and inserting in lieu thereof
``the congressional committees specified in subsection
(f) and the Committees on Appropriations of the Senate
and House of Representatives of the'';
(5) by redesignating subsection (g) as subsection
(e); and
(6) by adding at the end the following new
subsection:
``(f) Congressional Committees.--The congressional
committees referred to in subsections (c)(1) and (d) are the
following:
``(1) The Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
``(2) The Committee on National Security and the
Committee on International Relations of the House of
Representatives.''.
SEC. 1313. LANDMINE CLEARANCE PROGRAM.
(a) Inclusion in General Humanitarian Assistance Program.--
Subsection (e) of section 401 of title 10, United States Code,
is amended--
(1) by striking out ``means--'' and inserting in
lieu thereof ``means:'';
(2) by revising the first word in each of
paragraphs (1) through (4) so that the first letter of
such word is upper case;
(3) by striking out the semicolon at the end of
paragraphs (1) and (2) and inserting in lieu thereof a
period;
(4) by striking out ``; and'' at the end of
paragraph (3) and inserting in lieu thereof a period;
and
(5) by adding at the end the following new
paragraph:
``(5) Detection and clearance of landmines,
including activities relating to the furnishing of
education, training, and technical assistance with
respect to the detection and clearance of landmines.''.
(b) Limitation on Landmine Assistance by Members of Armed
Forces.--Subsection (a) of such section is amended by adding at
the end the following new paragraph:
``(4) The Secretary of Defense shall ensure that no member
of the armed forces, while providing assistance under this
section that is described in subsection (e)(5)--
``(A) engages in the physical detection, lifting,
or destroying of landmines (unless the member does so
for the concurrent purpose of supporting a United
States military operation); or
``(B) provides such assistance as part of a
military operation that does not involve the armed
forces.''.
(c) Repeal.--Section 1413 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2913; 10 U.S.C. 401 note) is repealed.
Subtitle C--Arms Exports and Military Assistance
SEC. 1321. DEFENSE EXPORT LOAN GUARANTEES.
(a) Establishment of Program.--(1) Chapter 148 of title 10,
United States Code, is amended by adding at the end the
following new subchapter:
``SUBCHAPTER VI--DEFENSE EXPORT LOAN GUARANTEES
``Sec.
``2540. Establishment of loan guarantee program.
``2540a. Transferability.
``2540b. Limitations.
``2540c. Fees charged and collected.
``2540d. Definitions.
``Sec. 2540. Establishment of loan guarantee program
``(a) Establishment.--In order to meet the national
security objectives in section 2501(a) of this title, the
Secretary of Defense shall establish a program under which the
Secretary may issue guarantees assuring a lender against losses
of principal or interest, or both principal and interest,
arising out of the financing of the sale or long-term lease of
defense articles, defense services, or design and construction
services to a country referred to in subsection (b).
``(b) Covered Countries.--The authority under subsection
(a) applies with respect to the following countries:
``(1) A member nation of the North Atlantic Treaty
Organization (NATO).
``(2) A country designated as of March 31, 1995, as
a major non-NATO ally pursuant to section 2350a(i)(3)
of this title.
``(3) A country in Central Europe that, as
determined by the Secretary of State--
``(A) has changed its form of national
government from a nondemocratic form of
government to a democratic form of government
since October 1, 1989; or
``(B) is in the process of changing its
form of national government from a
nondemocratic form of government to a
democratic form of government.
``(4) A noncommunist country that was a member
nation of the Asia Pacific Economic Cooperation (APEC)
as of October 31, 1993.
``(c) Authority Subject to Provisions of Appropriations.--
The Secretary may guarantee a loan under this subchapter only
to such extent or in such amounts as may be provided in advance
in appropriations Acts.
``Sec. 2540a. Transferability
``A guarantee issued under this subchapter shall be fully
and freely transferable.
``Sec. 2540b. Limitations
``(a) Terms and Conditions of Loan Guarantees.--In issuing
a guarantee under this subchapter for a medium-term or long-
term loan, the Secretary may not offer terms and conditions
more beneficial than those that would be provided to the
recipient by the Export-Import Bank of the United States under
similar circumstances in conjunction with the provision of
guarantees for nondefense articles and services.
``(b) Losses Arising From Fraud or Misrepresentation.--No
payment may be made under a guarantee issued under this
subchapter for a loss arising out of fraud or misrepresentation
for which the party seeking payment is responsible.
``(c) No Right of Acceleration.--The Secretary of Defense
may not accelerate any guaranteed loan or increment, and may
not pay any amount, in respect of a guarantee issued under this
subchapter, other than in accordance with the original payment
terms of the loan.
``Sec. 2540c. Fees charged and collected
``(a) Exposure Fees.--The Secretary of Defense shall charge
a fee (known as `exposure fee') for each guarantee issued under
this subchapter.
``(b) Amount of Exposure Fee.--To the extent that the cost
of the loan guarantees under this subchapter is not otherwise
provided for in appropriations Acts, the fee imposed under
subsection (a) with respect to a loan guarantee shall be fixed
in an amount that is sufficient to meet potential liabilities
of the United States under the loan guarantee.
``(c) Payment Terms.--The fee under subsection (a) for each
guarantee shall become due as the guarantee is issued. In the
case of a guarantee for a loan which is disbursed
incrementally, and for which the guarantee is correspondingly
issued incrementally as portions of the loan are disbursed, the
fee shall be paid incrementally in proportion to the amount of
the guarantee that is issued.
``(d) Administrative Fees.--The Secretary of Defense shall
charge a fee for each guarantee issued under this subchapter to
reflect the additional administrative costs of the Department
of Defense that are directly attributable to the administration
of the program under this subchapter. Such fees shall be
credited to a special account in the Treasury. Amounts in the
special account shall be available, to the extent and in
amounts provided in appropriations Acts, for paying the costs
of administrative expenses of the Department of Defense that
are attributable to the loan guarantee program under this
subchapter.
``Sec. 2540d. Definitions
``In this subchapter:
``(1) The terms `defense article', `defense
services', and `design and construction services' have
the meanings given those terms in section 47 of the
Arms Export Control Act (22 U.S.C. 2794).
``(2) The term `cost', with respect to a loan
guarantee, has the meaning given that term in section
502 of the Congressional Budget and Impoundment Control
Act of 1974 (2 U.S.C. 661a).''.
(2) The table of subchapters at the beginning of such
chapter is amended by adding at the end the following new item:
``VI. Defense Export Loan Guarantees.............................2540''.
(b) Report.--Not later than two years after the date of the
enactment of this Act, the President shall submit to Congress a
report on the loan guarantee program established pursuant to
section 2540 of title 10, United States Code, as added by
subsection (a). The report shall include--
(1) an analysis of the costs and benefits of the
loan guarantee program; and
(2) any recommendations for modification of the
program that the President considers appropriate,
including--
(A) any recommended addition to the list of
countries for which a guarantee may be issued
under the program; and
(B) any proposed legislation necessary to
authorize a recommended modification.
(c) First Year Costs.--The Secretary of Defense shall make
available, from amounts appropriated to the Department of
Defense for fiscal year 1996 for operations and maintenance,
such amounts as may be necessary, not to exceed $500,000, for
the expenses of the Department of Defense during fiscal year
1996 that are directly attributable to the administration of
the defense export loan guarantee program under subchapter VI
of chapter 148 of title 10, United States Code, as added by
subsection (a).
(d) Replenishment of Operations and Maintenance Accounts
for First Year Costs.--The Secretary of Defense shall, using
funds in the special account referred to in section 2540c(d) of
title 10, United States Code (as added by subsection (b)),
replenish operations and maintenance accounts for amounts
expended from such accounts for expenses referred to in
subsection (c).
SEC. 1322. NATIONAL SECURITY IMPLICATIONS OF UNITED STATES EXPORT
CONTROL POLICY.
(a) Findings.--Congress makes the following findings:
(1) Export controls remain an important element of
the national security policy of the United States.
(2) It is in the national security interest that
United States export control policy be effective in
preventing the transfer, to potential adversaries or
combatants of the United States, of technology that
threatens the national security or defense of the
United States.
(3) It is in the national security interest that
the United States monitor aggressively the export of
militarily critical technology in order to prevent its
diversion to potential adversaries or combatants of the
United States.
(4) The Department of Defense relies increasingly
on commercial and dual-use technologies, products, and
processes to support United States military
capabilities and economic strength.
(5) The maintenance of the military advantage of
the United States depends on effective export controls
on dual-use items and technologies that are critical to
the military capabilities of the Armed Forces.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense should evaluate
license applications for the export of militarily
critical commodities the export of which is controlled
for national security reasons if those commodities are
to be exported to certain countries of concern;
(2) the Secretary of Defense should identify the
dual-use items and technologies that are critical to
the military capabilities of the Armed Forces,
including the military use made of such items and
technologies;
(3) upon identification by the Secretary of Defense
of the dual-use items and technologies referred to in
paragraph (2), the President should ensure effective
export controls or use unilateral export controls on
dual-use items and technologies that are critical to
the military capabilities of the Armed Forces
(regardless of the availability of such items or
technologies overseas) with respect to the countries
that--
(A) pose a threat to the national security
interests of the United States; and
(B) are not members in good standing of
bilateral or multilateral agreements to which
the United States is a party on the use of such
items and technologies; and
(4) the President, upon recommendation of the
Secretary of Defense, should ensure effective controls
on the re-export by other countries of dual-use items
and technologies that are critical to the military
capabilities of the Armed Forces.
(c) Annual Report.--(1) Not later than December 1 of each
year through 1999, the President shall submit to the committees
specified in paragraph (4) a report on the effect of the export
control policy of the United States on the national security
interests of the United States.
(2) The report shall include the following:
(A) A list setting forth each country determined by
the Secretary of Defense, the intelligence community,
and other appropriate agencies to be a rogue nation or
potential adversary or combatant of the United States.
(B) For each country so listed, a list of--
(i) the categories of items that the United
States currently prohibits for export to the
country;
(ii) the categories of items that may be
exported from the United States with an
individual license, and in such cases, any
licensing conditions normally required and the
policy grounds used for approvals and denials;
and
(iii) the categories of items that may be
exported under a general license designated
``G-DEST''.
(C) For each category of items listed under
subparagraph (B)--
(i) a statement whether a prohibition,
control, or licensing requirement on a category
of items is imposed pursuant to an
international multilateral agreement or is
unilateral;
(ii) a statement whether a prohibition,
control, or licensing requirement on a category
of items is imposed by the other members of an
international agreement or is unilateral;
(iii) when the answer under either clause
(i) or clause (ii) is unilateral, a statement
concerning the efforts being made to ensure
that the prohibition, control, or licensing
requirement is made multilateral; and
(iv) a statement on what impact, if any, a
unilateral prohibition is having, or would
have, on preventing the rogue nation or
potential adversary from attaining the items in
question for military purposes.
(D) A description of United States policy on
sharing satellite imagery that has military
significance and a discussion of the criteria for
determining the imagery that has that significance.
(E) A description of the relationship between
United States policy on the export of space launch
vehicle technology and the Missile Technology Control
Regime.
(F) An assessment of United States efforts to
support the inclusion of additional countries in the
Missile Technology Control Regime.
(G) An assessment of the on-going efforts made by
potential participant countries in the Missile
Technology Control Regime to meet the guidelines
established by the Missile Technology Control Regime.
(H) A discussion of the history of the space launch
vehicle programs of other countries, including a
discussion of the military origins and purposes of such
programs and the current level of military involvement
in such programs.
(3) The President shall submit the report in unclassified
form, but may include a classified annex.
(4) The committees referred to in paragraph (1) are the
following:
(A) The Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
(B) The Committee on National Security and the
Committee on International Relations of the House of
Representatives.
(5) For purposes of this subsection, the term ``Missile
Technology Control Regime'' means the policy statement
announced on April 16, 1987, between the United States, the
United Kingdom, the Federal Republic of Germany, France, Italy,
Canada, and Japan to restrict sensitive missile-relevant
transfers based on the Missile Technology Control Regime Annex,
and any amendment thereto.
SEC. 1323. DEPARTMENT OF DEFENSE REVIEW OF EXPORT LICENSES FOR CERTAIN
BIOLOGICAL PATHOGENS.
(a) Department of Defense Review.--Any application to the
Secretary of Commerce for a license for the export of a class
2, class 3, or class 4 biological pathogen to a country
identified to the Secretary under subsection (c) as a country
that is known or suspected to have a biological weapons program
shall be referred to the Secretary of Defense for review. The
Secretary of Defense shall notify the Secretary of Commerce
within 15 days after receipt of an application under the
preceding sentence whether the export of such biological
pathogen pursuant to the license would be contrary to the
national security interests of the United States.
(b) Denial of License if Contrary to National Security
Interest.--A license described in subsection (a) shall be
denied by the Secretary of Commerce if it is determined that
the export of such biological pathogen to that country would be
contrary to the national security interests of the United
States.
(c) Identification of Countries Known or Suspected To Have
a Program To Develop Offensive Biological Weapons.--(1) The
Secretary of Defense shall determine, for the purposes of this
section, those countries that are known or suspected to have a
program to develop offensive biological weapons. Upon making
such determination, the Secretary shall provide to the
Secretary of Commerce a list of those countries.
(2) The Secretary of Defense shall update the list under
paragraph (1) on a regular basis. Whenever a country is added
to or deleted from such list, the Secretary shall notify the
Secretary of Commerce.
(3) Determination under this subsection of countries that
are known or suspected to have a program to develop offensive
biological weapons shall be made in consultation with the
Secretary of State and the intelligence community.
(d) Definition.--For purposes of this section, the term
``class 2, class 3, or class 4 biological pathogen'' means any
biological pathogen that is characterized by the Centers for
Disease Control as a class 2, class 3, or class 4 biological
pathogen.
SEC. 1324. ANNUAL REPORTS ON IMPROVING EXPORT CONTROL MECHANISMS AND ON
MILITARY ASSISTANCE.
(a) Joint Reports by Secretaries of State and Commerce.--
Not later than April 1 of each of 1996 and 1997, the Secretary
of State and the Secretary of Commerce shall submit to Congress
a joint report, prepared in consultation with the Secretary of
Defense, relating to United States export-control mechanisms.
Each such report shall set forth measures to be taken to
strengthen United States export-control mechanisms, including--
(1) steps being taken by each Secretary (A) to
share on a regular basis the export licensing watchlist
of that Secretary's department with the other
Secretary, and (B) to incorporate the export licensing
watchlist data received from the other Secretary into
the watchlist of that Secretary's department;
(2) steps being taken by each Secretary to
incorporate into the watchlist of that Secretary's
department similar data from systems maintained by the
Department of Defense and the United States Customs
Service; and
(3) a description of such further measures to be
taken to strengthen United States export-control
mechanisms as the Secretaries consider to be
appropriate.
(b) Reports by Inspectors General.--(1) Not later than
April 1 of each of 1996 and 1997, the Inspector General of the
Department of State and the Inspector General of the Department
of Commerce shall each submit to Congress a report providing
that official's evaluation of the effectiveness during the
preceding year of the export licensing watchlist screening
process of that official's department. The reports shall be
submitted in both a classified and unclassified version.
(2) Each report of an Inspector General under paragraph (1)
shall (with respect to that official's department)--
(A) set forth the number of export licenses granted
to parties on the export licensing watchlist;
(B) set forth the number of end-use checks
performed with respect to export licenses granted to
parties on the export licensing watchlist the previous
year;
(C) assess the screening process used in granting
an export license when an applicant is on the export
licensing watchlist; and
(D) assess the extent to which the export licensing
watchlist contains all relevant information and parties
required by statute or regulation.
(c) Annual Military Assistance Report.--The Foreign
Assistance Act of 1961 is amended by inserting after section
654 (22 U.S.C. 2414) the following new section:
``SEC. 655. ANNUAL REPORT ON MILITARY ASSISTANCE, MILITARY EXPORTS, AND
MILITARY IMPORTS.
``(a) Report Required.--Not later than February 1 of each
of 1996 and 1997, the President shall transmit to Congress a
report concerning military assistance authorized or furnished
for the fiscal year ending the previous September 30.
``(b) Information Relating to Military Assistance and
Military Exports.--Each such report shall show the aggregate
dollar value and quantity of defense articles (including excess
defense articles) and defense services, and of military
education and training, authorized or furnished by the United
States to each foreign country and international organization.
The report shall specify, by category, whether those articles
and services, and that education and training, were furnished
by grant under chapter 2 or chapter 5 of part II of this Act or
by sale under chapter 2 of the Arms Export Control Act or were
authorized by commercial sale licensed under section 38 of the
Arms Export Control Act.
``(c) Information Relating to Military Imports.--Each such
report shall also include the total amount of military items of
non-United States manufacture that were imported into the
United States during the fiscal year covered by the report. The
report shall show the country of origin, the type of item being
imported, and the total amount of items.''.
SEC. 1325. REPORT ON PERSONNEL REQUIREMENTS FOR CONTROL OF TRANSFER OF
CERTAIN WEAPONS.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of Defense and the Secretary of Energy
shall submit to the committees of Congress referred to in
subsection (c) of section 1154 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107
Stat. 1761) the report required under subsection (a) of that
section. The Secretary of Defense and the Secretary of Energy
shall include with the report an explanation of the failure of
such Secretaries to submit the report in accordance with such
subsection (a) and with all other previous requirements for the
submittal of the report.
Subtitle D--Burdensharing and Other Cooperative Activities Involving
Allies and NATO
SEC. 1331. ACCOUNTING FOR BURDENSHARING CONTRIBUTIONS.
(a) Authority To Manage Contributions in Local Currency,
Etc.--Subsection (b) of section 2350j of title 10, United
States Code, is amended to read as follows:
``(b) Accounting.--Contributions accepted under subsection
(a) which are not related to security assistance may be
accepted, managed, and expended in dollars or in the currency
of the host nation (or, in the case of a contribution from a
regional organization, in the currency in which the
contribution was provided). Any such contribution shall be
placed in an account established for such purpose and shall
remain available until expended for the purposes specified in
subsection (c). The Secretary of Defense shall establish a
separate account for such purpose for each country or regional
organization from which such contributions are accepted under
subsection (a).''.
(b) Conforming Amendment.--Subsection (d) of such section
is amended by striking out ``credited under subsection (b) to
an appropriation account of the Department of Defense'' and
inserting in lieu thereof ``placed in an account established
under subsection (b)''.
(c) Technical Amendment.--Such section is further amended--
(1) in subsection (e)(1), by striking out ``a
report to the congressional defense committees'' and
inserting in lieu thereof ``to the congressional
committees specified in subsection (g) a report''; and
(2) by adding at the end the following new
subsection:
``(g) Congressional Committees.--The congressional
committees referred to in subsection (e)(1) are--
``(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
``(2) the Committee on National Security and the
Committee on Appropriations of the House of
Representatives.''.
SEC. 1332. AUTHORITY TO ACCEPT CONTRIBUTIONS FOR EXPENSES OF RELOCATION
WITHIN HOST NATION OF UNITED STATES ARMED FORCES
OVERSEAS.
(a) In General.--(1) Subchapter II of chapter 138 of title
10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2350k. Relocation within host nation of elements of armed forces
overseas
``(a) Authority To Accept Contributions.--The Secretary of
Defense may accept contributions from any nation because of or
in support of the relocation of elements of the armed forces
from or to any location within that nation. Such contributions
may be accepted in dollars or in the currency of the host
nation. Any such contribution shall be placed in an account
established for such purpose and shall remain available until
expended for the purposes specified in subsection (b). The
Secretary shall establish a separate account for such purpose
for each country from which such contributions are accepted.
``(b) Use of Contributions.--The Secretary may use a
contribution accepted under subsection (a) only for payment of
costs incurred in connection with the relocation concerning
which the contribution was made. Those costs include the
following:
``(1) Design and construction services, including
development and review of statements of work, master
plans and designs, acquisition of construction, and
supervision and administration of contracts relating
thereto.
``(2) Transportation and movement services,
including packing, unpacking, storage, and
transportation.
``(3) Communications services, including
installation and deinstallation of communications
equipment, transmission of messages and data, and
rental of transmission capability.
``(4) Supply and administration, including
acquisition of expendable office supplies, rental of
office space, budgeting and accounting services,
auditing services, secretarial services, and
translation services.
``(5) Personnel costs, including salary, allowances
and overhead of employees whether full-time or part-
time, temporary or permanent (except for military
personnel), and travel and temporary duty costs.
``(6) All other clearly identifiable expenses
directly related to relocation.
``(c) Method of Contribution.--Contributions may be
accepted in any of the following forms:
``(1) Irrevocable letter of credit issued by a
financial institution acceptable to the Treasurer of
the United States.
``(2) Drawing rights on a commercial bank account
established and funded by the host nation, which
account is blocked such that funds deposited cannot be
withdrawn except by or with the approval of the United
States.
``(3) Cash, which shall be deposited in a separate
trust fund in the United States Treasury pending
expenditure and which shall accrue interest in
accordance with section 9702 of title 31.
``(d) Annual Report to Congress.--Not later than 30 days
after the end of each fiscal year, the Secretary shall submit
to Congress a report specifying--
``(1) the amount of the contributions accepted by
the Secretary during the preceding fiscal year under
subsection (a) and the purposes for which the
contributions were made; and
``(2) the amount of the contributions expended by
the Secretary during the preceding fiscal year and the
purposes for which the contributions were expended.''.
(2) The table of sections at the beginning of subchapter II
of chapter 138 of such title is amended by adding at the end
the following new item:
``2350k. Relocation within host nation of elements of armed forces
overseas.''.
(b) Effective Date.--Section 2350k of title 10, United
States Code, as added by subsection (a), shall take effect on
the date of the enactment of this Act and shall apply to
contributions for relocation of elements of the Armed Forces in
or to any nation received on or after such date.
SEC. 1333. REVISED GOAL FOR ALLIED SHARE OF COSTS FOR UNITED STATES
INSTALLATIONS IN EUROPE.
Section 1304(a) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2890) is
amended--
(1) by inserting ``(1)'' after ``so that''; and
(2) by inserting before the period at the end the
following: ``, and (2) by September 30, 1997, those
nations have assumed 42.5 percent of such costs''.
SEC. 1334. EXCLUSION OF CERTAIN FORCES FROM EUROPEAN END STRENGTH
LIMITATION.
(a) Exclusion of Members Performing Duties Under Military-
To-Military Contact Program.--Paragraph (3) of section 1002(c)
of the Department of Defense Authorization Act, 1985 (22 U.S.C.
1928 note) is amended to read as follows:
``(3) For purposes of this subsection, the following
members of the Armed Forces are excluded in calculating the end
strength level of members of the Armed Forces of the United
States assigned to permanent duty ashore in European member
nations of NATO:
``(A) Members assigned to permanent duty ashore in
Iceland, Greenland, and the Azores.
``(B) Members performing duties in Europe for more
than 179 days under a military-to-military contact
program under section 168 of title 10, United States
Code.''.
SEC. 1335. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS WITH NATO
ORGANIZATIONS.
Section 2350b(e) of title 10, United States Code, is
amended--
(1) in paragraph (1), by inserting ``or a NATO
organization'' after ``a participant (other than the
United States)''; and
(2) in paragraph (2), by striking out ``a
cooperative project'' and inserting in lieu thereof
``such a cooperative project or a NATO organization''.
SEC. 1336. SUPPORT SERVICES FOR THE NAVY AT THE PORT OF HAIFA, ISRAEL.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should promptly seek to undertake such
actions as are necessary--
(1) to ensure that suitable port services are
available to the Navy at the Port of Haifa, Israel; and
(2) to ensure the availability to the Navy of
suitable services at that port in light of the
continuing increase in commercial activities at the
port.
(b) Report.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit
to Congress a report on the availablity of port services for
the Navy in the eastern Mediterranean Sea region. The report
shall specify--
(1) the services required by the Navy when calling
at the port of Haifa, Israel; and
(2) the availability of those services at ports
elsewhere in the region.
Subtitle E--Other Matters
SEC. 1341. PROHIBITION ON FINANCIAL ASSISTANCE TO TERRORIST COUNTRIES.
(a) Prohibition.--Subchapter I of chapter 134 of title 10,
United States Code, is amended by adding at the end the
following:
``Sec. 2249a. Prohibition on providing financial assistance to
terrorist countries
``(a) Prohibition.--Funds available to the Department of
Defense may not be obligated or expended to provide financial
assistance to--
``(1) any country with respect to which the
Secretary of State has made a determination under
section 6(j)(1)(A) of the Export Administration Act of
1979 (50 App. 2405(j));
``(2) any country identified in the latest report
submitted to Congress under section 140 of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f), as providing significant support for
international terrorism; or
``(3) any other country that, as determined by the
President--
``(A) grants sanctuary from prosecution to
any individual or group that has committed an
act of international terrorism; or
``(B) otherwise supports international
terrorism.
``(b) Waiver.--(1) The President may waive the application
of subsection (a) to a country if the President determines--
``(A) that it is in the national security interests
of the United States to do so; or
``(B) that the waiver should be granted for
humanitarian reasons.
``(2) The President shall--
``(A) notify the Committee on Armed Services and
the Committee on Foreign Relations of the Senate and
the Committee on National Security and the Committee on
International Relations of the House of Representatives
at least 15 days before the waiver takes effect; and
``(B) publish a notice of the waiver in the Federal
Register.
``(c) Definition.--In this section, the term `international
terrorism' has the meaning given that term in section 140(d) of
the Foreign Relations Authorization Act, Fiscal Years 1988 and
1989 (22 U.S.C. 2656f(d)).''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter I of such chapter is amended by adding
at the end the following:
``2249a. Prohibition on providing financial assistance to terrorist
countries.''.
SEC. 1342. JUDICIAL ASSISTANCE TO THE INTERNATIONAL TRIBUNAL FOR
YUGOSLAVIA AND TO THE INTERNATIONAL TRIBUNAL FOR
RWANDA.
(a) Surrender of Persons.--
(1) Application of united states extradition
laws.--Except as provided in paragraphs (2) and (3),
the provisions of chapter 209 of title 18, United
States Code, relating to the extradition of persons to
a foreign country pursuant to a treaty or convention
for extradition between the United States and a foreign
government, shall apply in the same manner and extent
to the surrender of persons, including United States
citizens, to--
(A) the International Tribunal for
Yugoslavia, pursuant to the Agreement Between
the United States and the International
Tribunal for Yugoslavia; and
(B) the International Tribunal for Rwanda,
pursuant to the Agreement Between the United
States and the International Tribunal for
Rwanda.
(2) Evidence on hearings.--For purposes of applying
section 3190 of title 18, United States Code, in
accordance with paragraph (1), the certification
referred to in that section may be made by the
principal diplomatic or consular officer of the United
States resident in such foreign countries where the
International Tribunal for Yugoslavia or the
International Tribunal for Rwanda may be permanently or
temporarily situated.
(3) Payment of fees and costs.--(A) The provisions
of the Agreement Between the United States and the
International Tribunal for Yugoslavia and of the
Agreement Between the United States and the
International Tribunal for Rwanda shall apply in lieu
of the provisions of section 3195 of title 18, United
States Code, with respect to the payment of expenses
arising from the surrender by the United States of a
person to the International Tribunal for Yugoslavia or
the International Tribunal for Rwanda, respectively, or
from any proceedings in the United States relating to
such surrender.
(B) The authority of subparagraph (A) may be
exercised only to the extent and in the amounts
provided in advance in appropriations Acts.
(4) Nonapplicability of the federal rules.--The
Federal Rules of Evidence and the Federal Rules of
Criminal Procedure do not apply to proceedings for the
surrender of persons to the International Tribunal for
Yugoslavia or the International Tribunal for Rwanda.
(b) Assistance to Foreign and International Tribunals and
to Litigants Before Such Tribunals.--Section 1782(a) of title
28, United States Code, is amended by inserting in the first
sentence after ``foreign or international tribunal'' the
following: ``, including criminal investigations conducted
before formal accusation''.
(c) Definitions.--For purposes of this section:
(1) International tribunal for yugoslavia.--The
term ``International Tribunal for Yugoslavia'' means
the International Tribunal for the Prosecution of
Persons Responsible for Serious Violations of
International Humanitarian Law in the Territory of the
Former Yugoslavia, as established by United Nations
Security Council Resolution 827 of May 25, 1993.
(2) International tribunal for rwanda.--The term
``International Tribunal for Rwanda'' means the
International Tribunal for the Prosecution of Persons
Responsible for Genocide and Other Serious Violations
of International Humanitarian Law Committed in the
Territory of Rwanda and Rwandan Citizens Responsible
for Genocide and Other Such Violations Committed in the
Territory of Neighboring States, as established by
United Nations Security Council Resolution 955 of
November 8, 1994.
(3) Agreement between the united states and the
international tribunal for yugoslavia.--The term
``Agreement Between the United States and the
International Tribunal for Yugoslavia'' means the
Agreement on Surrender of Persons Between the
Government of the United States and the International
Tribunal for the Prosecution of Persons Responsible for
Serious Violations of International Law in the
Territory of the Former Yugoslavia, signed at The
Hague, October 5, 1994.
(4) Agreement between the united states and the
international tribunal for rwanda.--The term
``Agreement between the United States and the
International Tribunal for Rwanda'' means the Agreement
on Surrender of Persons Between the Government of the
United States and the International Tribunal for the
Prosecution of Persons Responsible for Genocide and
Other Serious Violations of International Humanitarian
Law Committed in the Territory of Rwanda and Rwandan
Citizens Responsible for Genocide and Other Such
Violations Committed in the Territory of Neighboring
States, signed at The Hague, January 24, 1995.
SEC. 1343. SEMIANNUAL REPORTS CONCERNING UNITED STATES-PEOPLE'S
REPUBLIC OF CHINA JOINT DEFENSE CONVERSION
COMMISSION.
(a) Reports Required.--The Secretary of Defense shall
submit to Congress a semiannual report on the United States-
People's Republic of China Joint Defense Conversion Commission.
Each such report shall include the following:
(1) A description of the extent to which the
activities conducted in, through, or as a result of the
Commission could have directly or indirectly assisted,
or may directly or indirectly assist, the military
modernization efforts of the People's Republic of
China.
(2) A discussion of the activities and operations
of the Commission, including--
(A) United States funding;
(B) a listing of participating United
States officials;
(C) specification of meeting dates and
locations (prospective and retrospective);
(D) summary of discussions; and
(E) copies of any agreements reached.
(3) A discussion of the relationship between the
``defense conversion'' activities of the People's
Republic of China and its defense modernization
efforts.
(4) A discussion of the extent to which United
States business activities pursued, or proposed to be
pursued, under the imprimatur of the Commission, or the
importation of western technology in general,
contributes to the modernization of China's military
industrial base, including any steps taken by the
United States or by United States commercial entities
to safeguard the technology or intellectual property
rights associated with any materials or information
transferred.
(5) An assessment of the benefits derived by the
United States from its participation in the Commission,
including whether or to what extent United States
participation in the Commission has resulted or will
result in the following:
(A) Increased transparency in the current
and projected military budget and doctrine of
the People's Republic of China.
(B) Improved behavior and cooperation by
the People's Republic of China in the areas of
missile and nuclear proliferation.
(C) Increased transparency in the plans of
the People's Republic of China for nuclear and
missile force modernization and testing.
(6) Efforts undertaken by the Secretary of Defense
to--
(A) establish a list of enterprises
controlled by the People's Liberation Army,
including those which have been successfully
converted to produce products solely for
civilian use; and
(B) provide estimates of the total revenues
of those enterprises.
(7) A description of current or proposed mechanisms
for improving the ability of the United States to track
the flow of revenues from the enterprises specified on
the list established under paragraph (6)(A).
(b) Submittal of Reports.--A report shall be submitted
under subsection (a) not later than August 1 of each year with
respect to the first six months of that year and shall be
submitted not later than February 1 of each year with respect
to the last six months of the preceding year. The first report
under such subsection shall be submitted not less than 60 days
after the date of the enactment of this Act and shall apply
with respect to the six-month period preceding the date of the
enactment of this Act.
(c) Final Report Upon Termination of Commission.--Upon the
termination of the United States-People's Republic of China
Joint Defense Conversion Commission, the Secretary of Defense
shall submit a final report under this section covering the
period from the end of the period covered by the last such
report through the termination of the Commission, and
subsection (a) shall cease to apply after the submission of
such report.
TITLE XIV--ARMS CONTROL MATTERS
SEC. 1401. REVISION OF DEFINITION OF LANDMINE FOR PURPOSES OF LANDMINE
EXPORT MORATORIUM.
Section 1423(d) of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1832) is
amended--
(1) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), respectively;
(2) in subparagraph (C), as so redesignated, by
striking out ``by remote control or'';
(3) by inserting ``(1)'' before ``For purposes
of''; and
(4) by adding at the end the following new
paragraph:
``(2) The term does not include command detonated anti-
personnel land mines (such as the M18A1 ``Claymore'' mine).
SEC. 1402. REPORTS ON AND CERTIFICATION REQUIREMENT CONCERNING
MORATORIUM ON USE BY ARMED FORCES OF ANTIPERSONNEL
LANDMINES.
(a) Report on Effects of Moratorium.--Not later than April
30 of each of 1996, 1997, and 1998, the Chairman of the Joint
Chiefs of Staff shall submit to the congressional defense
committees a report on the projected effects of a moratorium on
the defensive use of antipersonnel mines and antitank mines by
the Armed Forces. The report shall include a discussion of the
following matters:
(1) The extent to which current doctrine and
practices of the Armed Forces on the defensive use of
antipersonnel mines and antitank mines adhere to
applicable international law.
(2) The effects that a moratorium would have on the
defensive use of the current United States inventory of
remotely delivered, self-destructing antitank systems,
antipersonnel mines, and antitank mines.
(3) The reliability of the self-destructing
antipersonnel mines and self-destructing antitank mines
of the United States.
(4) The cost of clearing the antipersonnel
minefields currently protecting Naval Station
Guantanamo Bay, Cuba, and other United States
installations.
(5) The cost of replacing antipersonnel mines in
such minefields with substitute systems such as the
Claymore mine, and the level of protection that would
be afforded by use of such a substitute.
(6) The extent to which the defensive use of
antipersonnel mines and antitank mines by the Armed
Forces is a source of civilian casualties around the
world, and the extent to which the United States, and
the Department of Defense particularly, contributes to
alleviating the illegal and indiscriminate use of such
munitions.
(7) The extent to which the threat to the security
of United States forces during operations other than
war and combat operations would increase as a result of
such a moratorium.
(b) Certification Required Before Observance of
Moratorium.--Any moratorium imposed by law (whether enacted
before, on, or after the date of the enactment of this Act) on
the use of antipersonnel landmines by the Armed Forces may be
implemented only if (and after) the Secretary of Defense, after
consultation with the Chairman of the Joint Chiefs of Staff,
certifies to Congress that--
(1) the moratorium will not adversely affect the
ability of United States forces to defend against
attack on land by hostile forces; and
(2) the Armed Forces have systems that are
effective substitutes for antipersonnel landmines.
SEC. 1403. EXTENSION AND AMENDMENT OF COUNTERPROLIFERATION AUTHORITIES.
(a) One-Year Extension of Program.--Section 1505 of the
Weapons of Mass Destruction Control Act of 1992 (title XV of
Public Law 102-484; 22 U.S.C. 5859a) is amended--
(1) in subsection (a), by striking out ``during
fiscal years 1994 and 1995'';
(2) in subsection (e)(1), by striking out ``fiscal
years 1994 and 1995'' and inserting in lieu thereof ``a
fiscal year during which the authority of the Secretary
of Defense to provide assistance under this section is
in effect''; and
(3) by adding at the end the following new
subsection:
``(f) Termination of Authority.--The authority of the
Secretary of Defense to provide assistance under this section
terminates at the close of fiscal year 1996.''.
(b) Program Authorities.--(1) Subsections (b)(2) and (d)(3)
of such section are amended by striking out ``the On-Site
Inspection Agency'' and inserting in lieu thereof ``the
Department of Defense''.
(2) Subsection (c)(3) of such section is amended by
striking out ``will be counted'' and all that follows and
inserting in lieu thereof ``will be counted as discretionary
spending in the national defense budget function (function
050).''.
(c) Amount of Assistance.--Subsection (d) of such section
is amended--
(1) in paragraph (1)--
(A) by striking out ``for fiscal year
1994'' the first place it appears and all that
follows through the period at the end of the
second sentence and inserting in lieu thereof
``for any fiscal year shall be derived from
amounts made available to the Department of
Defense for that fiscal year.''; and
(B) by striking out ``referred to in this
paragraph''; and
(2) in paragraph (3)--
(A) by striking out ``may not exceed'' and
all that follows through ``1995''; and
(B) by inserting before the period at the
end the following: ``, may not exceed
$25,000,000 for fiscal year 1994, $20,000,000
for fiscal year 1995, or $15,000,000 for fiscal
year 1996''.
SEC. 1404. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC
NUCLEAR DELIVERY SYSTEMS.
(a) Sense of Congress.--It is the sense of Congress that,
unless and until the START II Treaty enters into force, the
Secretary of Defense should not take any action to retire or
dismantle, or to prepare to retire or dismantle, any of the
following strategic nuclear delivery systems:
(1) B-52H bomber aircraft.
(2) Trident ballistic missile submarines.
(3) Minuteman III intercontinental ballistic
missiles.
(4) Peacekeeper intercontinental ballistic
missiles.
(b) Limitation on Use of Funds.--Funds available to the
Department of Defense may not be obligated or expended during
fiscal year 1996 for retiring or dismantling, or for preparing
to retire or dismantle, any of the strategic nuclear delivery
systems specified in subsection (a).
SEC. 1405. CONGRESSIONAL FINDINGS AND SENSE OF CONGRESS CONCERNING
TREATY VIOLATIONS.
(a) Reaffirmation of Prior Findings Concerning the
Krasnoyarsk Radar.--Congress, noting its previous findings with
respect to the large phased-array radar of the Soviet Union
known as the ``Krasnoyarsk radar'' stated in paragraphs (1)
through (4) of section 902(a) of the National Defense
Authorization Act for Fiscal Years 1988 and 1989 (Public Law
100-180; 101 Stat. 1135) (and reaffirmed in section 1006(a) of
the National Defense Authorization Act for Fiscal Years 1990
and 1991 (Public Law 101-189; 103 Stat. 1543)), hereby
reaffirms those findings as follows:
(1) The 1972 Anti-Ballistic Missile Treaty
prohibits each party from deploying ballistic missile
early warning radars except at locations along the
periphery of its national territory and oriented
outward.
(2) The 1972 Anti-Ballistic Missile Treaty
prohibits each party from deploying an ABM system to
defend its national territory and from providing a base
for any such nationwide defense.
(3) Large phased-array radars were recognized
during negotiation of the Anti-Ballistic Missile Treaty
as the critical long lead-time element of a nationwide
defense against ballistic missiles.
(4) In 1983 the United States discovered the
construction, in the interior of the Soviet Union near
the town of Krasnoyarsk, of a large phased-array radar
that has subsequently been judged to be for ballistic
missile early warning and tracking.
(b) Further Reference to 1987 Congressional Statements.--
Congress further notes that in section 902 of the National
Defense Authorization Act for Fiscal Years 1988 and 1989
(Public Law 100-180; 101 Stat. 1135) Congress also--
(1) noted that the President had certified that the
Krasnoyarsk radar was an unequivocal violation of the
1972 Anti-Ballistic Missile Treaty; and
(2) stated it to be the sense of the Congress that
the Soviet Union was in violation of its legal
obligation under that treaty.
(c) Further Reference to 1989 Congressional Statements.--
Congress further notes that in section 1006(b) of the National
Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 103 Stat. 1543) Congress also--
(1) again noted that in 1987 the President declared
that radar to be a clear violation of the 1972 Anti-
Ballistic Missile Treaty and noted that on October 23,
1989, the Foreign Minister of the Soviet Union conceded
that the Krasnoyarsk radar is a violation of the 1972
Anti-Ballistic Missile Treaty; and
(2) stated it to be the sense of the Congress that
the Soviet Union should dismantle the Krasnoyarsk radar
expeditiously and without conditions and that until
such radar was completely dismantled it would remain a
clear violation of the 1972 Anti-Ballistic Missile
Treaty.
(d) Additional Findings.--Congress also finds, with respect
to the Krasnoyarsk radar, that retired Soviet General Y.V.
Votintsev, Director of the Soviet National Air Defense Forces
from 1967 to 1985, has publicly stated--
(1) that he was directed by the Chief of the Soviet
General staff to locate the large phased-array radar at
Krasnoyarsk despite the recognition by Soviet
authorities that the location of such a radar at that
location would be a clear violation of the 1972 Anti-
Ballistic Missile Treaty; and
(2) that Marshal D.F. Ustinov, Soviet Minister of
Defense, threatened to relieve from duty any Soviet
officer who continued to object to the construction of
a large-phased array radar at Krasnoyarsk.
(e) Sense of Congress Concerning Soviet Treaty
Violations.--It is the sense of Congress that the government of
the Soviet Union<greek-l>, in locating the large phased-array
radar at Krasnoyarsk and possibly by other actions, deg.
intentionally violated its legal obligations under the 1972
Anti-Ballistic Missile Treaty in order to advance its national
security interests.
(f) Sense of Congress Concerning Compliance by Russia With
Arms Control Obligations.--In light of subsections (a) through
(e), it is the sense of Congress that the United States should
remain vigilant in ensuring compliance by Russia with its arms
control obligations and should, when pursuing future arms
control agreements with Russia, bear in mind violations of arms
control obligations by the Soviet Union.
SEC. 1406. SENSE OF CONGRESS ON RATIFICATION OF CHEMICAL WEAPONS
CONVENTION AND START II TREATY.
(a) Findings.--Congress makes the following findings:
(1) Proliferation of chemical or nuclear weapons
materials poses a danger to United States national
security, and the threat or use of such materials by
terrorists would directly threaten United States
citizens at home and abroad.
(2) Events such as the March 1995 terrorist release
of a chemical nerve agent in the Tokyo subway, the
threatened use of chemical weapons during the 1991
Persian Gulf War, and the widespread use of chemical
weapons during the Iran-Iraq War of the 1980's are all
potent reminders of the menace posed by chemical
weapons, of the fact that the threat of chemical
weapons is not sufficiently addressed, and of the need
to outlaw the development, production, and possession
of chemical weapons.
(3) The Chemical Weapons Convention negotiated and
signed by President Bush would make it more difficult
for would-be proliferators, including terrorists, to
acquire or use chemical weapons, if ratified and fully
implemented, as signed, by all signatories.
(4) United States military authorities, including
Chairman of the Joint Chiefs of Staff General John
Shalikashvili, have stated that United States military
forces will deter and respond to chemical weapons
threats with a robust chemical defense and an
overwhelming superior conventional response, as
demonstrated in the Persian Gulf War, and have
testified in support of the ratification of the
Chemical Weapons Convention.
(5) The United States intelligence community has
testified that the Convention will provide new and
important sources of information, through regular data
exchanges and routine and challenge inspections, to
improve the ability of the United States to assess the
chemical weapons status in countries of concern.
(6) The Convention has not entered into force for
lack of the requisite number of ratifications.
(7) Russia has signed the Convention, but has not
yet ratified it.
(8) There have been reports by Russian sources of
continued Russian production and testing of chemical
weapons, including a statement by a spokesman of the
Russian Ministry of Defense on December 5, 1994, that
``We cannot say that all chemical weapons production
and testing has stopped altogether.''.
(9) The Convention will impose a legally binding
obligation on Russia and other nations that possess
chemical weapons and that ratify the Convention to
cease offensive chemical weapons activities and to
destroy their chemical weapons stockpiles and
production facilities.
(10) The United States must be prepared to exercise
fully its rights under the Convention, including the
request of challenge inspections when warranted, and to
exercise leadership in pursuing punitive measures
against violators of the Convention, when warranted.
(11) The United States should strongly encourage
full implementation at the earliest possible date of
the terms and conditions of the United States-Russia
bilateral chemical weapons destruction agreement signed
in 1990.
(12) The START II Treaty negotiated and signed by
President Bush would help reduce the danger of
potential proliferators, including terrorists,
acquiring nuclear warheads and materials, and would
contribute to United States-Russian bilateral efforts
to secure and dismantle nuclear warheads, if ratified
and fully implemented as signed by both parties.
(13) It is in the national security interest of the
United States to take effective steps to make it more
difficult for proliferators or would-be terrorists to
obtain chemical or nuclear materials for use in
weapons.
(14) The President has urged prompt Senate action
on, and advice and consent to ratification of, the
START II Treaty and the Chemical Weapons Convention.
(15) The Chairman of the Joint Chiefs of Staff has
testified to Congress that ratification and full
implementation of both treaties by all parties is in
the United States national interest and has strongly
urged prompt Senate advice and consent to their
ratification.
(b) Sense of Congress.--It is the sense of Congress that
the United States, Russia, and all other parties to the START
II Treaty and the Chemical Weapons Convention should promptly
ratify and fully implement, as negotiated, both treaties.
SEC. 1407. IMPLEMENTATION OF ARMS CONTROL AGREEMENTS.
(a) Funding.--Of the amounts appropriated pursuant to
authorizations in sections 102, 103, 104, 201, and 301, the
Secretary of Defense may use an amount not to exceed
$239,941,000 for implementing arms control agreements to which
the United States is a party.
(b) Limitation.--(1) Funds made available pursuant to
subsection (a) for the costs of implementing an arms control
agreement may not (except as provided in paragraph (2)) be used
to reimburse expenses incurred by any other party to the
agreement for which (without regard to any executive agreement
or any policy not part of an arms control agreement)--
(A) the other party is responsible under the terms
of the arms control agreement; and
(B) the United States has no responsibility under
the agreement.
(2) The limitation in paragraph (1) does not apply to a use
of funds to carry out an arms control expenses reimbursement
policy of the United States described in subsection (c).
(c) Covered Arms Control Expenses Reimbusement Policies.--
Subsection (b)(2) applies to a policy of the United States to
reimburse expenses incurred by another party to an arms control
agreement if--
(1) the policy does not modify any obligation
imposed by the arms control agreement;
(2) the President--
(A) issued or approved the policy before
the date of the enactment of this Act; or
(B) entered into an agreement on the policy
with the government of another country or
approved an agreement on the policy entered
into by an official of the United States and
the government of another country; and
(3) the President has notified the designated
congressional committees of the policy or the policy
agreement (as the case may be), in writing, at least 30
days before the date on which the President issued or
approved the policy or has entered into or approved the
policy agreement.
(d) Definitions.--For the purposes of this section:
(1) The term ``arms control agreement'' means an
arms control treaty or other form of international arms
control agreement.
(2) The term ``executive agreement'' means an
international agreement entered into by the President
that is not authorized by law or entered into as a
Treaty to which the Senate has given its advice and
consent to ratification.
(3) The term ``designated congressional commitees''
means the following:
(A) The Committee on Foreign Relations, the
Committee on Armed Services, and the Committee
on Appropriations of the Senate.
(B) The Committee on International
Relations, the Committee on National Security,
and the Committee on Appropriations of the
House of Representatives.
SEC. 1408. IRAN AND IRAQ ARMS NONPROLIFERATION.
(a) Sanctions Against Transfers of Persons.--Section
1604(a) of the Iran-Iraq Arms Non-Proliferation Act of 1992
(title XVI of Public Law 102-484; 50 U.S.C. 1701 note) is
amended by inserting ``to acquire chemical, biological, or
nuclear weapons or'' before ``to acquire''.
(b) Sanctions Against Transfers of Foreign Countries.--
Section 1605(a) of such Act is amended by inserting ``to
acquire chemical, biological, or nuclear weapons or'' before
``to acquire''.
(c) Clarification of United States Assistance.--
Subparagraph (A) of section 1608(7) of such Act is amended to
read as follows:
``(A) any assistance under the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et
seq.), other than urgent humanitarian
assistance or medicine;''.
(d) Notification of Certain Waivers Under MTCR
Procedures.--Section 73(e)(2) of the Arms Export Control Act
(22 U.S.C. 2797b(e)(2) is amended--
(1) by striking out ``the Congress'' and inserting
in lieu thereof ``the Committee on Armed Services and
the Committee on Foreign Relations of the Senate and
the Committee on National Security and the Committee on
International Relations of the House of
Representatives''; and
(2) by striking out ``20 working days'' and
inserting in lieu thereof ``45 working days''.
TITLE XV--TECHNICAL AND CLERICAL AMENDMENTS
SEC. 1501. AMENDMENTS RELATED TO RESERVE OFFICER PERSONNEL MANAGEMENT
ACT.
(a) Public Law 103-337.--The Reserve Officer Personnel
Management Act (title XVI of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337)) is amended as
follows:
(1) Section 1624 (108 Stat. 2961) is amended--
(A) by striking out ``641'' and all that
follows through ``(2)'' and inserting in lieu
thereof ``620 is amended''; and
(B) by redesignating as subsection (d) the
subsection added by the amendment made by that
section.
(2) Section 1625 (108 Stat. 2962) is amended by
striking out ``Section 689'' and inserting in lieu
thereof ``Section 12320''.
(3) Section 1626(1) (108 Stat. 2962) is amended by
striking out ``(W-5)'' in the second quoted matter
therein and inserting in lieu thereof ``, W-5,''.
(4) Section 1627 (108 Stat. 2962) is amended by
striking out ``Section 1005(b)'' and inserting in lieu
thereof ``Section 12645(b)''.
(5) Section 1631 (108 Stat. 2964) is amended--
(A) in subsection (a), by striking out
``Section 510'' and inserting in lieu thereof
``Section 12102''; and
(B) in subsection (b), by striking out
``Section 591'' and inserting in lieu thereof
``Section 12201''.
(6) Section 1632 (108 Stat. 2965) is amended by
striking out ``Section 593(a)'' and inserting in lieu
thereof ``Section 12203(a)''.
(7) Section 1635(a) (108 Stat. 2968) is amended by
striking out ``section 1291'' and inserting in lieu
thereof ``section 1691(b)''.
(8) Section 1671 (108 Stat. 3013) is amended--
(A) in subsection (b)(3), by striking out
``512, and 517'' and inserting in lieu thereof
``and 512''; and
(B) in subsection (c)(2), by striking out
the comma after ``861'' in the first quoted
matter therein.
(9) Section 1684(b) (108 Stat. 3024) is amended by
striking out ``section 14110(d)'' and inserting in lieu
thereof ``section 14111(c)''.
(b) Subtitle E of Title 10.--Subtitle E of title 10, United
States Code, is amended as follows:
(1) The tables of chapters preceding part I and at
the beginning of part IV are amended by striking out
``Repayments'' in the item relating to chapter 1609 and
inserting in lieu thereof ``Repayment Programs''.
(2)(A) The heading for section 10103 is amended to
read as follows:
``Sec. 10103. Basic policy for order into Federal service''.
(B) The item relating to section 10103 in the table
of sections at the beginning of chapter 1003 is amended
to read as follows:
``10103. Basic policy for order into Federal service.''.
(3) The table of sections at the beginning of
chapter 1005 is amended by striking out the third word
in the item relating to section 10142.
(4) The table of sections at the beginning of
chapter 1007 is amended--
(A) by striking out the third word in the
item relating to section 10205; and
(B) by capitalizing the initial letter of
the sixth word in the item relating to section
10211.
(5) The table of sections at the beginning of
chapter 1011 is amended by inserting ``Sec.'' at the
top of the column of section numbers.
(6) Section 10507 is amended--
(A) by striking out ``section 124402(b)''
and inserting in lieu thereof ``section
12402(b)''; and
(B) by striking out ``Air Forces'' and
inserting in lieu thereof ``Air Force''.
(7)(A) Section 10508 is repealed.
(B) The table of sections at the beginning of
chapter 1011 is amended by striking out the item
relating to section 10508.
(8) Section 10542 is amended by striking out
subsection (d).
(9) Section 12004(a) is amended by striking out
``active-status'' and inserting in lieu thereof
``active status''.
(10) Section 12012 is amended by inserting ``the''
in the section heading before the penultimate word.
(11)(A) The heading for section 12201 is amended to
read as follows:
``Sec. 12201. Reserve officers: qualifications for appointment''.
(B) The item relating to that section in the table
of sections at the beginning of chapter 1205 is amended
to read as follows:
``12201. Reserve officers: qualifications for appointment.''.
(12)(A) The heading for section 12209 is amended to
read as follows:
``Sec. 12209. Officer candidates: enlisted Reserves''.
(B) The heading for section 12210 is amended to
read as follows:
``Sec. 12210. Attending Physician to the Congress: reserve grade while
so serving''.
(13)(A) The headings for sections 12211, 12212,
12213, and 12214 are amended by inserting ``the'' after
``National Guard of''
(B) The table of sections at the beginning of
chapter 1205 is amended by inserting ``the'' in the
items relating to sections 12211, 12212, 12213, and
12214 after ``National Guard of''.
(14) Section 12213(a) is amended by striking out
``section 593'' and inserting in lieu thereof ``section
12203''.
(15) The table of sections at the beginning of
chapter 1207 is amended by striking out ``promotions''
in the item relating to section 12243 and inserting in
lieu thereof ``promotion''.
(16) The table of sections at the beginning of
chapter 1209 is amended--
(A) in the item relating to section 12304,
by striking out the colon and inserting in lieu
thereof a semicolon; and
(B) in the item relating to section 12308,
by striking out the second, third, and fourth
words.
(17) Section 12307 is amended by striking out
``Ready Reserve'' in the second sentence and inserting
in lieu thereof ``Retired Reserve''.
(18)(A) The table of sections at the beginning of
chapter 1211 is amended by inserting ``the'' in the
items relating to sections 12401, 12402, 12403, and
12404 after ``Army and Air National Guard of''.
(B) The headings for sections 12402, 12403, and
12404 are amended by inserting ``the'' after ``Army and
Air National Guard of''
(19) Section 12407(b) is amended--
(A) by striking out ``of those
jurisdictions'' and inserting in lieu thereof
``State''; and
(B) by striking out ``jurisdictions'' and
inserting in lieu thereof ``States''
(20) Section 12731(f) is amended by striking out
``the date of the enactment of this subsection'' and
inserting in lieu thereof ``October 5, 1994,''.
(21) Section 12731a(c)(3) is amended by inserting a
comma after ``Defense Conversion''.
(22) Section 14003 is amended by inserting
``lists'' in the section heading immediately before the
colon.
(23) The table of sections at the beginning of
chapter 1403 is amended by striking out ``selection
board'' in the item relating to section 14105 and
inserting in lieu thereof ``promotion board''.
(24) The table of sections at the beginning of
chapter 1405 is amended--
(A) in the item relating to section 14307,
by striking out ``Numbers'' and inserting in
lieu thereof ``Number'';
(B) in the item relating to section 14309,
by striking out the colon and inserting in lieu
thereof a semicolon; and
(C) in the item relating to section 14314,
by capitalizing the initial letter of the
antepenultimate word.
(25) Section 14315(a) is amended by striking out
``a Reserve officer'' and inserting in lieu thereof ``a
reserve officer''.
(26) Section 14317(e) is amended--
(A) by inserting ``Officers Ordered to
Active Duty in Time of War or National
Emergency.--'' after ``(e)''; and
(B) by striking out ``section 10213 or
644'' and inserting in lieu thereof ``section
123 or 10213''.
(27) The table of sections at the beginning of
chapter 1407 is amended--
(A) in the item relating to section 14506,
by inserting ``reserve'' after ``Marine Corps
and''; and
(B) in the item relating to section 14507,
by inserting ``reserve'' after ``Removal from
the''; and
(C) in the item relating to section 14509,
by inserting ``in grades'' after ``reserve
officers''.
(28) Section 14501(a) is amended by inserting
``Officers Below the Grade of Colonel or Navy
Captain.--'' after ``(a)''.
(29) The heading for section 14506 is amended by
inserting a comma after ``Air Force''.
(30) Section 14508 is amended by striking out
``this'' after ``from an active status under'' in
subsections (c) and (d).
(31) Section 14515 is amended by striking out
``inactive status'' and inserting in lieu thereof
``inactive-status''.
(32) Section 14903(b) is amended by striking out
``chapter'' and inserting in lieu thereof ``title''.
(33) The table of sections at the beginning of
chapter 1606 is amended in the item relating to section
16133 by striking out ``limitations'' and inserting in
lieu thereof ``limitation''.
(34) Section 16132(c) is amended by striking out
``section'' and inserting in lieu thereof ``sections''.
(35) Section 16135(b)(1)(A) is amended by striking
out ``section 2131(a)'' and inserting in lieu thereof
``sections 16131(a)''.
(36) Section 18236(b)(1) is amended by striking out
``section 2233(e)'' and inserting in lieu thereof
``section 18233(e)''.
(37) Section 18237 is amended--
(A) in subsection (a), by striking out
``section 2233(a)(1)'' and inserting in lieu
thereof ``section 18233(a)(1)''; and
(B) in subsection (b), by striking out
``section 2233(a)'' and inserting in lieu
thereof ``section 18233(a)''.
(c) Other Provisions of Title 10.--Effective as of December
1, 1994 (except as otherwise expressly provided), and as if
included as amendments made by the Reserve Officer Personnel
Management Act (title XVI of Public Law 103-360) as originally
enacted, title 10, United States Code, is amended as follows:
(1) Section 101(d)(6)(B)(i) is amended by striking
out ``section 175'' and inserting in lieu thereof
``section 10301''.
(2) Section 114(b) is amended by striking out
``chapter 133'' and inserting in lieu thereof ``chapter
1803''.
(3) Section 115(d) is amended--
(A) in paragraphs (1), by striking out
``section 673'' and inserting in lieu thereof
``section 12302'';
(B) in paragraph (2), by striking out
``section 673b'' and inserting in lieu thereof
``section 12304''; and
(C) in paragraph (3), by striking out
``section 3500 or 8500'' and inserting in lieu
thereof ``section 12406''.
(4) Section 123(a) is amended--
(A) by striking out ``281, 592, 1002, 1005,
1006, 1007, 1374, 3217, 3218, 3219, 3220,
3352(a) (last sentence),'', ``5414, 5457, 5458,
5506,'', and ``8217, 8218, 8219,''; and
(B) by striking out ``and 8855'' and
inserting in lieu thereof ``8855, 10214, 12003,
12004, 12005, 12007, 12202, 12213(a) (second
sentence), 12642, 12645, 12646, 12647, 12771,
12772, and 12773''.
(5) Section 582(1) is amended by striking out
``section 672(d)'' in subparagraph (B) and ``section
673b'' in subparagraph (D) and inserting in lieu
thereof ``section 12301(d)'' and ``section 12304'',
respectively.
(6) Section 641(1)(B) is amended by striking out
``10501'' and inserting in lieu thereof ``10502, 10505,
10506(a), 10506(b), 10507''.
(7) The table of sections at the beginning of
chapter 39 is amended by striking out the items
relating to sections 687 and 690.
(8) Sections 1053(a)(1) and 1064 are amended by
striking out ``chapter 67'' and inserting in lieu
thereof ``chapter 1223''.
(9) Section 1063(a)(1) is amended by striking out
``section 1332(a)(2)'' and inserting in lieu thereof
``section 12732(a)(2)''.
(10) Section 1074b(b)(2) is amended by striking out
``section 673c'' and inserting in lieu thereof
``section 12305''.
(11) Section 1076(b)(2)(A) is amended by striking
out ``before the effective date of the Reserve Officer
Personnel Management Act'' and inserting in lieu
thereof ``before December 1, 1994''.
(12) Section 1176(b) is amended by striking out
``section 1332'' in the matter preceding paragraph (1)
and in paragraphs (1) and (2) and inserting in lieu
thereof ``section 12732''.
(13) Section 1208(b) is amended by striking out
``section 1333'' and inserting in lieu thereof
``section 12733''.
(14) Section 1209 is amended by striking out
``section 1332'', ``section 1335'', and ``chapter 71''
and inserting in lieu thereof ``section 12732'',
``section 12735'', and ``section 12739'', respectively.
(15) Section 1407 is amended--
(A) in subsections (c)(1) and (d)(1), by
striking out ``section 1331'' and inserting in
lieu thereof ``section 12731''; and
(B) in the heading for paragraph (1) of
subsection (d), by striking out ``chapter 67''
and inserting in lieu thereof ``chapter 1223''.
(16) Section 1408(a)(5) is amended by striking out
``section 1331'' and inserting in lieu thereof
``section 12731''.
(17) Section 1431(a)(1) is amended by striking out
``section 1376(a)'' and inserting in lieu thereof
``section 12774(a)''.
(18) Section 1463(a)(2) is amended by striking out
``chapter 67'' and inserting in lieu thereof ``chapter
1223''.
(19) Section 1482(f)(2) is amended by inserting
``section'' before ``12731 of this title''.
(20) The table of sections at the beginning of
chapter 533 is amended by striking out the item
relating to section 5454.
(21) Section 2006(b)(1) is amended by striking out
``chapter 106 of this title'' and inserting in lieu
thereof ``chapter 1606 of this title''.
(22) Section 2121(c) is amended by striking out
``section 3353, 5600, or 8353'' and inserting in lieu
thereof ``section 12207'', effective on the effective
date specified in section 1691(b)(1) of Public Law 103-
337.
(23) Section 2130a(b)(3) is amended by striking out
``section 591'' and inserting in lieu thereof ``section
12201''.
(24) The table of sections at the beginning of
chapter 337 is amended by striking out the items
relating to sections 3351 and 3352.
(25) Sections 3850, 6389(c), 6391(c), and 8850 are
amended by striking out ``section 1332'' and inserting
in lieu thereof ``section 12732''.
(26) Section 5600 is repealed, effective on the
effective date specified in section 1691(b)(1) of
Public Law 103-337.
(27) Section 5892 is amended by striking out
``section 5457 or section 5458'' and inserting in lieu
thereof ``section 12004 or section 12005''.
(28) Section 6410(a) is amended by striking out
``section 1005'' and inserting in lieu thereof
``section 12645''.
(29) The table of sections at the beginning of
chapter 837 is amended by striking out the items
relating to sections 8351 and 8352.
(30) Section 8360(b) is amended by striking out
``section 1002'' and inserting in lieu thereof
``section 12642''.
(31) Section 8380 is amended by striking out
``section 524'' in subsections (a) and (b) and
inserting in lieu thereof ``section 12011''.
(32) Sections 8819(a), 8846(a), and 8846(b) are
amended by striking out ``sections 1005 and 1006'' and
inserting in lieu thereof ``sections 12645 and 12646''.
(33) Section 8819 is amended by striking out
``section 1005'' and ``section 1006'' and inserting in
lieu thereof ``section 12645'' and ``section 12646'',
respectively.
(d) Cross References in Other Defense Laws.--
(1) Section 337(b) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2717) is amended by inserting before the
period at the end the following: ``or who after
November 30, 1994, transferred to the Retired Reserve
under section 10154(2) of title 10, United States Code,
without having completed the years of service required
under section 12731(a)(2) of such title for eligibility
for retired pay under chapter 1223 of such title''.
(2) Section 525 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (P.L.
102-190, 105 Stat. 1363) is amended by striking out
``section 690'' and inserting in lieu thereof ``section
12321''.
(3) Subtitle B of title XLIV of the National
Defense Authorization Act for Fiscal Year 1993 (P.L.
102-484; 10 U.S.C. 12681 note) is amended--
(A) in section 4415, by striking out
``section 1331a'' and inserting in lieu thereof
``section 12731a'';
(B) in subsection 4416--
(i) in subsection (a), by striking
out ``section 1331'' and inserting in
lieu thereof ``section 12731'';
(ii) in subsection (b)--
(I) by inserting ``or
section 12732'' in paragraph
(1) after ``under that
section''; and
(II) by inserting ``or
12731(a)'' in paragraph (2)
after ``section 1331(a)'';
(iii) in subsection (e)(2), by
striking out ``section 1332'' and
inserting in lieu thereof ``section
12732''; and
(iv) in subsection (g), by striking
out ``section 1331a'' and inserting in
lieu thereof ``section 12731a''; and
(C) in section 4418--
(i) in subsection (a), by striking
out ``section 1332'' and inserting in
lieu thereof ``section 12732''; and
(ii) in subsection (b)(1)(A), by
striking out ``section 1333'' and
inserting in lieu thereof ``section
12733''.
(4) Title 37, United States Code, is amended--
(A) in section 302f(b), by striking out
``section 673c of title 10'' in paragraphs (2)
and (3)(A) and inserting in lieu thereof
``section 12305 of title 10''; and
(B) in section 433(a), by striking out
``section 687 of title 10'' and inserting in
lieu thereof ``section 12319 of title 10''.
(e) Cross References in Other Laws.--
(1) Title 14, United States Code, is amended--
(A) in section 705(f), by striking out
``600 of title 10'' and inserting in lieu
thereof ``12209 of title 10''; and
(B) in section 741(c), by striking out
``section 1006 of title 10'' and inserting in
lieu thereof ``section 12646 of title 10''.
(2) Title 38, United States Code, is amended--
(A) in section 3011(d)(3), by striking out
``section 672, 673, 673b, 674, or 675 of title
10'' and inserting in lieu thereof ``section
12301, 12302, 12304, 12306, or 12307 of title
10'';
(B) in sections 3012(b)(1)(B)(iii) and
3701(b)(5)(B), by striking out ``section 268(b)
of title 10'' and inserting in lieu thereof
``section 10143(a) of title 10'';
(C) in section 3501(a)(3)(C), by striking
out ``section 511(d) of title 10'' and
inserting in lieu thereof ``section 12103(d) of
title 10''; and
(D) in section 4211(4)(C), by striking out
``section 672(a), (d), or (g), 673, or 673b of
title 10'' and inserting in lieu thereof
``section 12301(a), (d), or (g), 12302, or
12304 of title 10''.
(3) Section 702(a)(1) of the Soldiers' and Sailors'
Civil Relief Act of 1940 (50 U.S.C. App. 592(a)(1)) is
amended--
(A) by striking out ``section 672 (a) or
(g), 673, 673b, 674, 675, or 688 of title 10''
and inserting in lieu thereof ``section 688,
12301(a), 12301(g), 12302, 12304, 12306, or
12307 of title 10''; and
(B) by striking out ``section 672(d) of
such title'' and inserting in lieu thereof
``section 12301(d) of such title''.
(4) Section 463A of the Higher Education Act of
1965 (20 U.S.C. 1087cc-1) is amended in subsection
(a)(10) by striking out ``(10 U.S.C. 2172)'' and
inserting in lieu thereof ``(10 U.S.C. 16302)''.
(5) Section 179 of the National and Community
Service Act of 1990 (42 U.S.C. 12639) is amended in
subsection (a)(2)(C) by striking out ``section 216(a)
of title 5'' and inserting in lieu thereof ``section
10101 of title 10''.
(f) Effective Dates.--
(1) Section 1636 of the Reserve Officer Personnel
Management Act shall take effect on the date of the
enactment of this Act.
(2) The amendments made by sections 1672(a),
1673(a) (with respect to chapters 541 and 549),
1673(b)(2), 1673(b)(4), 1674(a), and 1674(b)(7) shall
take effect on the effective date specified in section
1691(b)(1) of the Reserve Officer Personnel Management
Act (notwithstanding section 1691(a) of such Act).
(3) The amendments made by this section shall take
effect as if included in the Reserve Officer Personnel
Management Act as enacted on October 5, 1994.
SEC. 1502. AMENDMENTS TO REFLECT NAME CHANGE OF COMMITTEE ON ARMED
SERVICES OF THE HOUSE OF REPRESENTATIVES.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) Sections 503(b)(5), 520a(d), 526(d)(1),
619a(h)(2), 806a(b), 838(b)(7), 946(c)(1)(A),
1098(b)(2), 2313(b)(4), 2361(c)(1), 2371(h), 2391(c),
2430(b), 2432(b)(3)(B), 2432(c)(2), 2432(h)(1),
2667(d)(3), 2672a(b), 2687(b)(1), 4342(g),
7307(b)(1)(A), and 9342(g) are amended by striking out
``Committees on Armed Services of the Senate and House
of Representatives'' and inserting in lieu thereof
``Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives''.
(2) Sections 178(c)(1)(A), 942(e)(5), 2350f(c),
7426(e), 7431(a), 7431(b)(1), 7431(c), 7438(b),
12302(b), 18235(a), and 18236(a) are amended by
striking out ``Committees on Armed Services of the
Senate and the House of Representatives'' and inserting
in lieu thereof ``Committee on Armed Services of the
Senate and the Committee on National Security of the
House of Representatives''.
(3) Section 113(j)(1) is amended by striking out
``Committees on Armed Services and Committees on
Appropriations of the Senate and'' and inserting in
lieu thereof ``Committee on Armed Services and the
Committee on Appropriations of the Senate and the
Committee on National Security and the Committee on
Appropriations of the''.
(4) Section 119(g) is amended by striking out
paragraphs (1) and (2) and inserting in lieu thereof
the following:
``(1) the Committee on Armed Services and the
Committee on Appropriations, and the Defense
Subcommittee of the Committee on Appropriations, of the
Senate; and
``(2) the Committee on National Security and the
Committee on Appropriations, and the National Security
Subcommittee of the Committee on Appropriations, of the
House of Representatives.''.
(5) Section 127(c) is amended by striking out
``Committees on Armed Services and Appropriations of
the Senate and'' and inserting in lieu thereof
``Committee on Armed Services and the Committee on
Appropriations of the Senate and the Committee on
National Security and the Committee on Appropriations
of''.
(6) Section 135(e) is amended--
(A) by inserting ``(1)'' after ``(e)'';
(B) by striking out ``the Committees on
Armed Services and the Committees on
Appropriations of the Senate and House of
Representatives are each'' and inserting in
lieu thereof ``each congressional committee
specified in paragraph (2) is''; and
(C) by adding at the end the following:
``(2) The committees referred to in paragraph (1) are--
``(A) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
``(B) the Committee on National Security and the
Committee on Appropriations of the House of
Representatives.''.
(7) Section 179(e) is amended by striking out ``to
the Committees on Armed Services and Appropriations of
the Senate and'' and inserting in lieu thereof ``to the
Committee on Armed Services and the Committee on
Appropriations of the Senate and the Committee on
National Security and the Committee on Appropriations
of the''.
(8) Sections 401(d) and 402(d) are amended by
striking out ``submit to the'' and all that follows
through ``Foreign Affairs'' and inserting in lieu
thereof ``submit to the Committee on Armed Services and
the Committee on Foreign Relations of the Senate and
the Committee on National Security and the Committee on
International Relations''.
(9) Section 2367(d)(2) is amended by striking out
``the Committees on Armed Services and the Committees
on Appropriations of the Senate and'' and inserting in
lieu thereof ``the Committee on Armed Services and the
Committee on Appropriations of the Senate and the
Committee on National Security and the Committee on
Appropriations of the''.
(10) Sections 2306b(g), 2801(c)(4), and
18233a(a)(1) are amended by striking out ``the
Committees on Armed Services and on Appropriations of
the Senate and'' and inserting in lieu thereof ``the
Committee on Armed Services and the Committee on
Appropriations of the Senate and the Committee on
National Security and the Committee on Appropriations
of the''.
(11) Section 1599(e)(2) is amended--
(A) in subparagraph (A), by striking out
``The Committees on Armed Services and
Appropriations'' and inserting in lieu thereof
``The Committee on National Security, the
Committee on Appropriations,''; and
(B) in subparagraph (B), by striking out
``The Committees on Armed Services and
Appropriations'' and inserting in lieu thereof
``The Committee on Armed Services, the
Committee on Appropriations,''.
(12) Sections 4355(a)(3), 6968(a)(3), and
9355(a)(3) are amended by striking out ``Armed
Services'' and inserting in lieu thereof ``National
Security''.
(13) Section 1060(d) is amended by striking out
``Committee on Armed Services and the Committee on
Foreign Affairs'' and inserting in lieu thereof
``Committee on National Security and the Committee on
International Relations''.
(14) Section 2215 is amended--
(A) by inserting ``(a) Certification
Required.--'' at the beginning of the text of
the section;
(B) by striking out ``to the Committees''
and all that follows through ``House of
Representatives'' and inserting in lieu thereof
``to the congressional committees specified in
subsection (b)''; and
(C) by adding at the end the following:
``(b) Congressional Committees.--The committees referred to
in subsection (a) are--
``(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
``(2) the Committee on National Security and the
Committee on Appropriations of the House of
Representatives.''.
(15) Section 2218 is amended--
(A) in subsection (j), by striking out
``the Committees on Armed Services and on
Appropriations of the Senate and the House of
Representatives'' and inserting in lieu thereof
``the congressional defense committees''; and
(B) by adding at the end of subsection (k)
the following new paragraph:
``(4) The term `congressional defense committees'
means--
``(A) the Committee on Armed Services and
the Committee on Appropriations of the Senate;
and
``(B) the Committee on National Security
and the Committee on Appropriations of the
House of Representatives.''.
(16) Section 2342(b) is amended--
(A) in the matter preceding paragraph (1),
by striking out ``section--'' and inserting in
lieu thereof ``section unless--'';
(B) in paragraph (1), by striking out
``unless''; and
(C) in paragraph (2), by striking out
``notifies the'' and all that follows through
``House of Representatives'' and inserting in
lieu thereof ``the Secretary submits to the
Committee on Armed Services and the Committee
on Foreign Relations of the Senate and the
Committee on National Security and the
Committee on International Relations of the
House of Representatives notice of the intended
designation''.
(17) Section 2350a(f)(2) is amended by striking out
``submit to the Committees'' and all that follows
through ``House of Representatives'' and inserting in
lieu thereof ``submit to the Committee on Armed
Services and the Committee on Foreign Relations of the
Senate and the Committee on National Security and the
Committee on International Relations of the House of
Representatives''.
(18) Section 2366 is amended--
(A) in subsection (d), by striking out
``the Committees on Armed Services and on
Appropriations of the Senate and House of
Representatives'' and inserting in lieu thereof
``the congressional defense committees''; and
(B) by adding at the end of subsection (e)
the following new paragraph:
``(7) The term `congressional defense committees'
means--
``(A) the Committee on Armed Services and
the Committee on Appropriations of the Senate;
and
``(B) the Committee on National Security
and the Committee on Appropriations of the
House of Representatives.''.
(19) Section 2399(h)(2) is amended by striking out
``means'' and all the follows and inserting in lieu
thereof the following: ``means--
``(A) the Committee on Armed Services and
the Committee on Appropriations of the Senate;
and
``(B) the Committee on National Security
and the Committee on Appropriations of the
House of Representatives.''.
(20) Section 2401(b)(1) is amended--
(A) in subparagraph (B), by striking out
``the Committees on Armed Services and on
Appropriations of the Senate and'' and
inserting in lieu thereof ``the Committee on
Armed Services and the Committee on
Appropriations of the Senate and the Committee
on National Security and the Committees on
Appropriations of the''; and
(B) in subparagraph (C), by striking out
``the Committees on Armed Services and on
Appropriations of the Senate and House of
Representatives'' and inserting in lieu thereof
``those committees''.
(21) Section 2403(e) is amended--
(A) by inserting ``(1)'' before ``Before
making'';
(B) by striking out ``shall notify the
Committees on Armed Services and on
Appropriations of the Senate and House of
Representatives'' and inserting in lieu thereof
``shall submit to the congressional committees
specified in paragraph (2) notice''; and
(C) by adding at the end the following new
paragraph:
``(2) The committees referred to in paragraph (1) are--
``(A) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
``(B) the Committee on National Security and the
Committee on Appropriations of the House of
Representatives.''.
(22) Section 2515(d) is amended--
(A) by striking out ``Reporting'' and all
that follows through ``same time'' and
inserting in lieu thereof ``Annual Report.--(1)
The Secretary of Defense shall submit to the
congressional committees specified in paragraph
(2) an annual report on the activities of the
Office. The report shall be submitted each year
at the same time''; and
(B) by adding at the end the following new
paragraph:
``(2) The committees referred to in paragraph (1) are--
``(A) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
``(B) the Committee on National Security and the
Committee on Appropriations of the House of
Representatives.''.
(23) Section 2662 is amended--
(A) in subsection (a)--
(i) in the matter preceding
paragraph (1), by striking out ``the
Committees on Armed Services of the
Senate and House of Representatives''
and inserting in lieu thereof ``the
Committee on Armed Services of the
Senate and the Committee on National
Security of the House of
Representatives''; and
(ii) in the matter following
paragraph (6), by striking out ``to be
submitted to the Committees on Armed
Services of the Senate and House of
Representatives'';
(B) in subsection (b), by striking out
``shall report annually to the Committees on
Armed Services of the Senate and the House of
Representatives'' and inserting in lieu thereof
``shall submit annually to the congressional
committees named in subsection (a) a report'';
(C) in subsection (e), by striking out
``the Committees on Armed Services of the
Senate and the House of Representatives'' and
inserting in lieu thereof ``the congressional
committees named in subsection (a)''; and
(D) in subsection (f), by striking out
``the Committees on Armed Services of the
Senate and the House of Representatives shall''
and inserting in lieu thereof ``the
congressional committees named in subsection
(a) shall''.
(24) Section 2674(a) is amended--
(A) in paragraph (2), by striking out
``Committees on Armed Services of the Senate
and the House of Representatives, the Committee
on Environment and Public Works of the Senate,
and the Committee on Public Works and
Transportation of the House of
Representatives'' and inserting in lieu thereof
``congressional committees specified in
paragraph (3)''; and
(B) by adding at the end the following new
paragraph:
``(3) The committees referred to in paragraph (2) are--
``(A) the Committee on Armed Services and the
Committee on Environment and Public Works of the
Senate; and
``(B) the Committee on National Security and the
Committee on Transportation and Infrastructure of the
House of Representatives.''.
(25) Section 2813(c) is amended by striking out
``Committees on Armed Services and the Committees on
Appropriations of the Senate and House of
Representatives'' and inserting in lieu thereof
``appropriate committees of Congress''.
(26) Sections 2825(b)(1) and 2832(b)(2) are amended
by striking out ``Committees on Armed Services and the
Committees on Appropriations of the Senate and of the
House of Representatives'' and inserting in lieu
thereof ``appropriate committees of Congress''.
(27) Section 2865(e)(2) and 2866(c)(2) are amended
by striking out ``Committees on Armed Services and
Appropriations of the Senate and House of
Representatives'' and inserting in lieu thereof
``appropriate committees of Congress''.
(28)(A) Section 7434 of such title is amended to
read as follows:
``Sec. 7434. Annual report to congressional committees
``Not later than October 31 of each year, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a report on the production from the naval
petroleum reserves during the preceding calendar year.''.
(B) The item relating to such section in the table
of contents at the beginning of chapter 641 is amended
to read as follows:
``7434. Annual report to congressional committees.''.
(b) Title 37, United States Code.--Sections 301b(i)(2) and
406(i) of title 37, United States Code, are amended by striking
out ``Committees on Armed Services of the Senate and House of
Representatives'' and inserting in lieu thereof ``Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives''.
(c) Annual Defense Authorization Acts.--
(1) The National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160) is amended in
sections 2922(b) and 2925(b) (10 U.S.C. 2687 note) by
striking out ``Committees on Armed Services of the
Senate and House of Representatives'' and inserting in
lieu thereof ``Committee on Armed Services of the
Senate and the Committee on National Security of the
House of Representatives''.
(2) The National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484) is amended--
(A) in section 326(a)(5) (10 U.S.C. 2301
note) and section 1304(a) (10 U.S.C. 113 note),
by striking out ``Committees on Armed Services
of the Senate and House of Representatives''
and inserting in lieu thereof ``Committee on
Armed Services of the Senate and the Committee
on National Security of the House of
Representatives''; and
(B) in section 1505(e)(2)(B) (22 U.S.C.
5859a), by striking out ``the Committee on
Armed Services, the Committee on
Appropriations, the Committee on Foreign
Affairs, and the Committee on Energy and
Commerce'' and inserting in lieu thereof ``the
Committee on National Security, the Committee
on Appropriations, the Committee on
International Relations, and the Committee on
Commerce''.
(3) Section 1097(a)(1) of the National Defense
Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 22 U.S.C. 2751 note) is amended by
striking out ``the Committees on Armed Services and
Foreign Affairs'' and inserting in lieu thereof ``the
Committee on National Security and the Committee on
International Relations''.
(4) The National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510) is amended as
follows:
(A) Section 402(a) and section 1208(b)(3)
(10 U.S.C. 1701 note) are amended by striking
out ``Committees on Armed Services of the
Senate and the House of Representatives'' and
inserting in lieu thereof ``Committee on Armed
Services of the Senate and the Committee on
National Security of the House of
Representatives''.
(B) Section 1403 (50 U.S.C. 404b) is
amended--
(i) in subsection (a), by striking
out ``the Committees on'' and all that
follows through ``each year'' and
inserting in lieu thereof ``the
congressional committees specified in
subsection (d) each year''; and
(ii) by adding at the following new
subsection:
``(d) Specified Congressional Committees.--The
congressional committees referred to in subsection (a) are the
following:
``(1) The Committee on Armed Services, the
Committee on Appropriations, and the Select Committee
on Intelligence of the Senate.
``(2) The Committee on National Security, the
Committee on Appropriations, and the Permanent Select
Committee on Intelligence of the House of
Representatives.''.
(C) Section 1457 (50 U.S.C. 404c) is
amended--
(i) in subsection (a), by striking
out ``shall submit to the'' and all
that follows through ``each year'' and
inserting in lieu thereof ``shall
submit to the congressional committees
specified in subsection (d) each
year'';
(ii) in subsection (c)--
(I) by striking out ``(1)
Except as provided in paragraph
(2), the President'' and
inserting in lieu thereof ``The
President''; and
(II) by striking out
paragraph (2); and
(iii) by adding at the end the
following new subsection:
``(d) Specified Congressional Committees.--The
congressional committees referred to in subsection (a) are the
following:
``(1) The Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
``(2) The Committee on National Security and the
Committee on International Relations of the House of
Representatives.''.
(D) Section 2921 (10 U.S.C. 2687 note) is
amended--
(i) in subsection (e)(3)(A), by
striking out ``the Committee on Armed
Services, the Committee on
Appropriations, and the Defense
Subcommittees'' and inserting in lieu
thereof ``the Committee on National
Security, the Committee on
Appropriations, and the National
Security Subcommittee''; and
(ii) in subsection (g)(2), by
striking out ``the Committees on Armed
Services of the Senate and House of
Representatives'' and inserting in lieu
thereof ``the Committee on Armed
Services of the Senate and the
Committee on National Security of the
House of Representatives''.
(5) Section 613(h)(1) of the National Defense
Authorization Act, Fiscal Year 1989 (Public Law 100-
456; 37 U.S.C. 302 note), is amended by striking out
``the Committees on Armed Services of the Senate and
the House of Representatives'' and inserting in lieu
thereof ``the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives''.
(6) Section 1412 of the Department of Defense
Authorization Act, 1986 (Public Law 99-145; 50 U.S.C.
1521), is amended in subsections (b)(4) and (k)(2), by
striking out ``Committees on Armed Services of the
Senate and House of Representatives'' and inserting in
lieu thereof ``Committee on Armed Services of the
Senate and the Committee on National Security of the
House of Representatives''.
(7) Section 1002(d) of the Department of Defense
Authorization Act, 1985 (Public Law 98-525; 22 U.S.C.
1928 note), is amended by striking out ``the Committees
on Armed Services of the Senate and the House of
Representatives'' and inserting in lieu thereof ``the
Committee on Armed Services of the Senate, the
Committee on National Security of the House of
Representatives''.
(8) Section 1252 of the Department of Defense
Authorization Act, 1984 (42 U.S.C. 248d), is amended--
(A) in subsection (d), by striking out
``Committees on Appropriations and on Armed
Services of the Senate and the House of
Representatives'' and inserting in lieu thereof
``Committee on Appropriations and the Committee
on Armed Services of the Senate and the
Committee on Appropriations and the Committee
on National Security of the House of
Representatives''; and
(B) in subsection (e), by striking out
``Committees on Appropriations and on Armed
Services of the Senate and the House of
Representatives'' and inserting in lieu thereof
``congressional committees specified in
subsection (d)''.
(d) Base Closure Law.--The Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended as follows:
(1) Sections 2902(e)(2)(B)(ii) and 2908(b) are
amended by striking out ``Armed Services'' the first
place it appears and inserting in lieu thereof
``National Security''.
(2) Section 2910(2) is amended by striking out
``the Committees on Armed Services and the Committees
on Appropriations of the Senate and of the House of
Representatives'' and inserting in lieu thereof ``the
Committee on Armed Services and the Committee on
Appropriations of the Senate and the Committee on
National Security and the Committee on Appropriations
of the House of Representatives''.
(e) National Defense Stockpile.--The Strategic and Critical
Materials Stock Piling Act is amended--
(1) in section 6(d) (50 U.S.C. 98e(d))--
(A) in paragraph (1), by striking out
``Committees on Armed Services of the Senate
and House of Representatives'' and inserting in
lieu thereof ``Committee on Armed Services of
the Senate and the Committee on National
Security of the House of Representatives''; and
(B) in paragraph (2), by striking out ``the
Committees on Armed Services of the Senate and
House of Representatives'' and inserting in
lieu thereof ``such congressional committees'';
and
(2) in section 7(b) (50 U.S.C. 98f(b)), by striking
out ``Committees on Armed Services of the Senate and
House of Representatives'' and inserting in lieu
thereof ``Committee on Armed Services of the Senate and
the Committee on National Security of the House of
Representatives''.
(f) Other Defense-Related Provisions.--<greek-l>NB: Prev.
para (2) deleted by RWC and sub. paras renumbered. 10/11/
95 deg.
(1) Section 8125(g)(2) of the Department of Defense
Appropriations Act, 1989 (Public Law 100-463; 10 U.S.C.
113 note), is amended by striking out ``Committees on
Appropriations and Armed Services of the Senate and
House of Representatives'' and inserting in lieu
thereof ``Committee on Appropriations and the
Committees on Armed Services of the Senate and the
Committee on Appropriations and the Committees on
National Security of the House of Representatives''.
(2) Section 9047A of the Department of Defense
Appropriations Act, 1993 (Public Law 102-396; 10 U.S.C.
2687 note), is amended by striking out ``the Committees
on Appropriations and Armed Services of the House of
Representatives and the Senate'' and inserting in lieu
thereof ``the Committee on Appropriations and the
Committee on Armed Services of the Senate and the
Committee on Appropriations and the Committee on
National Security of the House of Representatives''.
(3) Section 3059(c)(1) of the Defense Drug
Interdiction Assistance Act (subtitle A of title III of
Public Law 99-570; 10 U.S.C. 9441 note) is amended by
striking out ``Committees on Appropriations and on
Armed Services of the Senate and the House of
Representatives'' and inserting in lieu thereof
``Committee on Armed Services and the Committee on
Appropriations of the Senate and the Committee on
National Security and the Committee on Appropriations
of the House of Representatives''.
(4) Section 7606(b) of the Anti-Drug Abuse Act of
1988 (Public Law 100-690; 10 U.S.C. 9441 note) is
amended by striking out ``Committees on Appropriations
and the Committee on Armed Services of the Senate and
the House of Representatives'' and inserting in lieu
thereof ``Committee on Armed Services and the Committee
on Appropriations of the Senate and the Committee on
National Security and the Committee on Appropriations
of the House of Representatives''.
(5) Section 104(d)(5) of the National Security Act
of 1947 (50 U.S.C. 403-4(d)(5)) is amended by striking
out ``Committees on Armed Services of the Senate and
House of Representatives'' and inserting in lieu
thereof ``Committee on Armed Services of the Senate and
the Committee on National Security of the House of
Representatives''.
(6) Section 8 of the Inspector General Act of 1978
(5 U.S.C. App.) is amended--
(A) in subsection (b)(3), by striking out
``Committees on Armed Services and Government
Operations'' and inserting in lieu thereof
``Committee on National Security and the
Committee on Government Reform and Oversight'';
(B) in subsection (b)(4), by striking out
``Committees on Armed Services and Governmental
Affairs of the Senate and the Committees on
Armed Services and Government Operations of the
House of Representatives'' and inserting in
lieu thereof ``congressional committees
specified in paragraph (3)'';
(C) in subsection (f)(1), by striking out
``Committees on Armed Services and Government
Operations'' and inserting in lieu thereof
``Committee on National Security and the
Committee on Government Reform and Oversight'';
and
(D) in subsection (f)(2), by striking out
``Committees on Armed Services and Governmental
Affairs of the Senate and the Committees on
Armed Services and Government Operations of the
House of Representatives'' and inserting in
lieu thereof ``congressional committees
specified in paragraph (1)''.
(7) Section 204(h)(3) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C.
485(h)(3)) is amended by striking out ``Committees on
Armed Services of the Senate and of the House of
Representatives'' and inserting in lieu thereof
``Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives''.
SEC. 1503. MISCELLANEOUS AMENDMENTS TO TITLE 10, UNITED STATES CODE.
(a) Subtitle A.--Subtitle A of title 10, United States
Code, is amended as follows:
(1) Section 113(i)(2)(B) is amended by striking out
``the five years covered'' and all that follows through
``section 114(g)'' and inserting in lieu thereof ``the
period covered by the future-years defense program
submitted to Congress during that year pursuant to
section 221''.
(2) Section 136(c) is amended by striking out
``Comptroller'' and inserting in lieu thereof ``Under
Secretary of Defense (Comptroller)''.
(3) Section 526 is amended--
(A) in subsection (a), by striking out
paragraphs (1), (2), and (3) and inserting in
lieu thereof the following:
``(1) For the Army, 302.
``(2) For the Navy, 216.
``(3) For the Air Force, 279.'';
(B) by striking out subsection (b);
(C) by redesignating subsections (c), (d),
and (e) as subsections (b), (c), and (d);
(D) in subsection (b), as so redesignated,
by striking out ``that are applicable on and
after October 1, 1995''; and
(E) in paragraph (2)(B) of subsection (c),
as redesignated by subparagraph (C), is
amended--
(i) by striking out ``the'' after
``in the'';
(ii) by inserting ``to'' after
``reserve component, or''; and
(iii) by inserting ``than'' after
``in a grade other''.
(4) Section 528(a) is amended by striking out
``after September 30, 1995,''
(5) Section 573(a)(2) is amended by striking out
``active duty list'' and inserting in lieu thereof
``active-duty list''.
(6) Section 661(d)(2) is amended--
(A) in subparagraph (B), by striking out
``Until January 1, 1994'' and all that follows
through ``each position so designated'' and
inserting in lieu thereof ``Each position
designated by the Secretary under subparagraph
(A)'';
(B) in subparagraph (C), by striking out
``the second sentence of''; and
(C) by striking out subparagraph (D).
(7) Section 706(c)(1) is amended by striking out
``section 4301 of title 38'' and inserting in lieu
thereof ``chapter 43 of title 38''.
(8) Section 1059 is amended by striking out
``subsection (j)'' in subsections (c)(2) and (g)(3) and
inserting in lieu thereof ``subsection (k)''.
(9) Section 1060a(f)(2)(B) is amended by striking
out ``(as defined in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(22)))'' and inserting in lieu thereof ``, as
determined in accordance with the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.)''.
(10) Section 1151 is amended--
(A) in subsection (b), by striking out
``(20 U.S.C. 2701 et seq.)'' in paragraphs
(2)(A) and (3)(A) and inserting in lieu thereof
``(20 U.S.C. 6301 et seq.)''; and
(B) in subsection (e)(1)(B), by striking
out ``not later than one year after the date of
the enactment of the National Defense
Authorization Act for Fiscal Year 1995'' and
inserting in lieu thereof ``not later than
October 5, 1995''.
(11) Section 1152(g)(2) is amended by striking out
``not later than 180 days after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 1995'' and inserting in lieu thereof ``not
later than April 3, 1994,''.
(12) Section 1177(b)(2) is amended by striking out
``provison<greek-l>sic deg. of law'' and inserting in
lieu thereof ``provision of law''.
(13) The heading for chapter 67 is amended by
striking out ``NONREGULAR'' and inserting in lieu
thereof ``NON-REGULAR''.
(14) Section 1598(a)(2)(A) is amended by striking
out ``2701'' and inserting in lieu thereof ``6301''.
(15) Section 1745(a) is amended by striking out
``section 4107(d)'' both places it appears and
inserting in lieu thereof ``section 4107(b)''.
(16) Section 1746(a) is amended--
(A) by striking out ``(1)'' before ``The
Secretary of Defense''; and
(B) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively.
(17) Section 2006(b)(2)(B)(ii) is amended by
striking out ``section 1412 of such title'' and
inserting in lieu thereof ``section 3012 of such
title''.
(18) Section 2011(a) is amended by striking out
``to'' and inserting in lieu thereof ``To''.
(19) Section 2194(e) is amended by striking out
``(20 U.S.C. 2891(12))'' and inserting in lieu thereof
``(20 U.S.C. 8801)''.
(20) Sections 2217(b) and 2220(a)(2) are amended by
striking out ``Comptroller of the Department of
Defense'' and inserting in lieu thereof ``Under
Secretary of Defense (Comptroller)''.
(21) Section 2401(c)(2) is amended by striking out
``pursuant to'' and all that follows through
``September 24, 1983,''.
(22) Section 2410f(b) is amended by striking out
``For purposes of'' and inserting in lieu thereof
``In''.
(23) Section 2410j(a)(2)(A) is amended by striking
out ``2701'' and inserting in lieu thereof ``6301''.
(24) Section 2457(e) is amended by striking out
``title III of the Act of March 3, 1933 (41 U.S.C.
10a),'' and inserting in lieu thereof ``the Buy
American Act (41 U.S.C. 10a)''.
(25) Section 2465(b)(3) is amended by striking out
``under contract'' and all that follows through the
period and inserting in lieu thereof ``under contract
on September 24, 1983.''.
(26) Section 2471(b) is amended--
(A) in paragraph (2), by inserting ``by''
after ``as determined''; and
(B) in paragraph (3), by inserting ``of''
after ``arising out''.
(27) Section 2524(e)(4)(B) is amended by inserting
a comma before ``with respect to''.
(28) The heading of section 2525 is amended by
capitalizing the initial letter of the second, fourth,
and fifth words.
(29) Chapter 152 is amended by striking out the
table of subchapters at the beginning and the headings
for subchapters I and II.
(30) Section 2534(c) is amended by capitalizing the
initial letter of the third and fourth words of the
subsection heading.
(31) The table of sections at the beginning of
subchapter I of chapter 169 is amended by adding a
period at the end of the item relating to section 2811.
(b) Other Subtitles.--Subtitles B, C, and D of title 10,
United States Code, are amended as follows:
(1) Sections 3022(a)(1), 5025(a)(1), and 8022(a)(1)
are amended by striking out ``Comptroller of the
Department of Defense'' and inserting in lieu thereof
``Under Secretary of Defense (Comptroller)''.
(2) Section 6241 is amended by inserting ``or'' at
the end of paragraph (2).
(3) Section 6333(a) is amended by striking out the
first period after ``section 1405'' in formula C in the
table under the column designated ``Column 2''.
(4) The item relating to section 7428 in the table
of sections at the beginning of chapter 641 is amended
by striking out ``Agreement'' and inserting in lieu
thereof ``Agreements''.
(5) The item relating to section 7577 in the table
of sections at the beginning of chapter 649 is amended
by striking out ``Officers'' and inserting in lieu
thereof ``officers''.
(6) The center heading for part IV in the table of
chapters at the beginning of subtitle D is amended by
inserting a comma after ``SUPPLY''.
SEC. 1504. MISCELLANEOUS AMENDMENTS TO ANNUAL DEFENSE AUTHORIZATION
ACTS.
(a) Public Law 103-337.--Effective as of October 5, 1994,
and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337) is
amended as follows:
(1) Section 322(1) (108 Stat. 2711) is amended by
striking out ``Service'' in both sets of quoted matter
and inserting in lieu thereof ``Services''.
(2) Section 531(g)(2) (108 Stat. 2758) is amended
by inserting ``item relating to section 1034 in the''
after ``The''.
(3) Section 541(c)(1) is amended--
(A) in subparagraph (B), by inserting a
comma after ``chief warrant officer''; and
(B) in the matter after subparagraph (C),
by striking out ``this''.
(4) Section 721(f)(2) (108 Stat. 2806) is amended
by striking out ``revaluated<greek-l>sic deg.'' and
inserting in lieu thereof ``reevaluated''.
(5) Section 722(d)(2) (108 Stat. 2808) is amended
by striking out ``National Academy of Science'' and
inserting in lieu thereof ``National Academy of
Sciences''.
(6) Section 904(d) (108 Stat. 2827) is amended by
striking out ``subsection (c)'' the first place it
appears and inserting in lieu thereof ``subsection
(b)''.
(7) Section 1202 (108 Stat. 2882) is amended--
(A) by striking out ``(title XII of Public
Law 103-60'' and inserting in lieu thereof
``(title XII of Public Law 103-160''; and
(B) in paragraph (2), by inserting ``in the
first sentence'' before ``and inserting in lieu
thereof''.
(8) Section 1312(a)(2) (108 Stat. 2894) is amended
by striking out ``adding at the end'' and inserting in
lieu thereof ``inserting after the item relating to
section 123a''.
(9) Section 2813(c) (108 Stat. 3055) is amended by
striking out ``above paragraph (1)'' both places it
appears and inserting in lieu thereof ``preceding
subparagraph (A)''.
(b) Public Law 103-160.--The National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160) is amended in
section 1603(d) (22 U.S.C. 2751 note)--
(1) in the matter preceding paragraph (1), by
striking out the second comma after ``Not later than
April 30 of each year'';
(2) in paragraph (4), by striking out
``contributes'' and inserting in lieu thereof
``contribute''; and
(3) in paragraph (5), by striking out ``is'' and
inserting in lieu thereof ``are''.
(c) Public Law 102-484.--The National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484) is amended as
follows:
(1) Section 326(a)(5) (106 Stat. 2370; 10 U.S.C.
2301 note) is amended by inserting ``report'' after
``each''.
(2) Section 3163(1)(E) is amended by striking out
``paragraphs (1) through (4)'' and inserting in lieu
thereof ``subparagraphs (A) through (D)''.
(3) Section 4403(a) (10 U.S.C. 1293 note) is
amended by striking out ``through 1995'' and inserting
in lieu thereof ``through fiscal year 1999''.
(d) Public Law 102-190.--Section 1097(d) of the National
Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 105 Stat. 1490) is amended by striking out
``the Federal Republic of Germany, France'' and inserting in
lieu thereof ``France, Germany''.
SEC. 1505. MISCELLANEOUS AMENDMENTS TO OTHER LAWS.
(a) Officer Personnel Act of 1947.--Section 437 of the
Officer Personnel Act of 1947 is repealed.
(b) Title 5, United States Code.--Title 5, United States
Code, is amended--
(1) in section 8171--
(A) in subsection (a), by striking out
``903(3)'' and inserting in lieu thereof
``903(a)'';
(B) in subsection (c)(1), by inserting
``section'' before ``39(b)''; and
(C) in subsection (d), by striking out
``(33 U.S.C. 18 and 21, respectively)'' and
inserting in lieu thereof ``(33 U.S.C. 918 and
921)'';
(2) in sections 8172 and 8173, by striking out
``(33 U.S.C. 2(2))'' and inserting in lieu thereof
``(33 U.S.C. 902(2))''; and
(3) in section 8339(d)(7), by striking out ``Court
of Military Appeals'' and inserting in lieu thereof
``Court of Appeals for the Armed Forces''.
(c) Public Law 90-485.--Effective as of August 13, 1968,
and as if included therein as originally enacted, section 1(6)
of Public Law 90-485 (82 Stat. 753) is amended--
(1) by striking out the close quotation marks after
the end of clause (4) of the matter inserted by the
amendment made by that section; and
(2) by adding close quotation marks at the end.
(d) Title 37, United States Code.--Section 406(b)(1)(E) of
title 37, United States Code, is amended by striking out ``of
this paragraph''.
(e) Base Closure Laws.--(1) The Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended--
(A) in section 2905(b)(1)(C), by striking out ``of
the Administrator to grant approvals and make
determinations under section 13(g) of the Surplus
Property Act of 1944 (50 U.S.C. App. 1622(g))'' and
inserting in lieu thereof ``to dispose of surplus
property for public airports under sections 47151
through 47153 of title 49, United States Code'';
(B) in section 2906(d)(1), by striking out
``section 204(b)(4)(C)'' and inserting in lieu thereof
``section 204(b)(7)(C)''; and
(C) in section 2910--
(i) by designating the second paragraph
(10), as added by section 2(b) of the Base
Closure Community Redevelopment and Homeless
Assistance Act of 1994 (Public Law 103-421; 108
Stat. 4352), as paragraph (11); and
(ii) in such paragraph, as so designated,
by striking out ``section 501(h)(4) of the
Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11411(h)(4))'' and inserting in lieu
thereof ``section 501(i)(4) of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C.
11411(i)(4))''.
(2) Section 2921(d)(1) of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10
U.S.C. 2687 note) is amended by striking out ``section
204(b)(4)(C)'' and inserting in lieu thereof ``section
204(b)(7)(C)''.
(3) Section 204 of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C.
2687 note) is amended
(A) in subsection (b)(1)(C), by striking out ``of
the Administrator to grant approvals and make
determinations under section 13(g) of the Surplus
Property Act of 1944 (50 U.S.C. App. 1622(g))'' and
inserting in lieu thereof ``to dispose of surplus
property for public airports under sections 47151
through 47153 of title 49, United States Code''; and
(B) in subsection (b)(7)(A)(i), by striking out
``paragraph (3)'' and inserting in lieu thereof
``paragraphs (3) through (6)''.
(f) Public Law 103-421.--Section 2(e)(5) of Public Law 103-
421 (108 Stat. 4354) is amended--
(1) by striking out ``(A)'' after ``(5)''; and
(2) by striking out ``clause'' in subparagraph
(B)(iv) and inserting in lieu thereof ``clauses''.
(g) Atomic Energy Act.--Section 123a. of the Atomic Energy
Act (42 U.S.C. 2153a.) is amended by striking out ``144b., or
144d.'' and inserting ``, 144b., or 144d.''.
SEC. 1506. COORDINATION WITH OTHER AMENDMENTS.
For purposes of applying amendments made by provisions of
this Act other than provisions of this title, this title shall
be treated as having been enacted immediately before the other
provisions of this Act.
TITLE XVI--CORPORATION FOR THE PROMOTION OF RIFLE PRACTICE AND FIREARMS
SAFETY
SEC. 1601. SHORT TITLE.
This title may be cited as the ``Corporation for the
Promotion of Rifle Practice and Firearms Safety Act''.
Subtitle A--Establishment and Operation of Corporation
SEC. 1611. ESTABLISHMENT OF THE CORPORATION.
(a) Establishment.--There is established a private,
nonprofit corporation to be known as the ``Corporation for the
Promotion of Rifle Practice and Firearms Safety'' (in this
title referred to as the ``Corporation'').
(b) Private, Nonprofit Status.--(1) The Corporation shall
not be considered to be a department, agency, or
instrumentality of the Federal Government. An officer or
employee of the Corporation shall not be considered to be an
officer or employee of the Federal Government.
(2) The Corporation shall be operated in a manner and for
purposes that qualify the Corporation for exemption from
taxation under section 501(a) of the Internal Revenue Code of
1986 as an organization described in section 501(c)(3) of such
Code.
(c) Board of Directors.--(1) The Corporation shall have a
Board of Directors consisting of not less than nine members.
(2) The Board of Directors may adopt by-laws, policies, and
procedures for the Corporation and may take any other action
that the Board of Directors considers necessary for the
management and operation of the Corporation.
(3) Each member of the Board of Directors shall serve for a
term of two years. Members of the Board of Directors are
eligible for reappointment.
(4) A vacancy on the Board of Directors shall be filled by
a majority vote of the remaining members of the Board.
(5) The Secretary of the Army shall appoint the initial
Board of Directors. Four of the members of the initial Board of
Directors, to be designated by the Secretary at the time of
appointment, shall (notwithstanding paragraph (3)) serve for a
term of one year.
(d) Director of Civilian Marksmanship.--(1) The Board of
Directors shall appoint an individual to serve as the Director
of Civilian Marksmanship.
(2) The Director shall be responsible for the performance
of the daily operations of the Corporation and the functions
described in section 1612.
SEC. 1612. CONDUCT OF CIVILIAN MARKSMANSHIP PROGRAM.
(a) Functions.--The Corporation shall have responsibility
for the overall supervision, oversight, and control of the
Civilian Marksmanship Program, pursuant to the transfer of the
program under subsection (d), including the performance of the
following:
(1) The instruction of citizens of the United
States in marksmanship.
(2) The promotion of practice and safety in the use
of firearms, including the conduct of matches and
competitions in the use of those firearms.
(3) The award to competitors of trophies, prizes,
badges, and other insignia.
(4) The provision of security and accountability
for all firearms, ammunition, and other equipment under
the custody and control of the Corporation.
(5) The issue, loan, or sale of firearms,
ammunition, supplies, and appliances under section
1614.
(6) The procurement of necessary supplies,
appliances, clerical services, other related services,
and labor to carry out the Civilian Marksmanship
Program.
(b) Priority for Youth Activities.--In carrying out the
Civilian Marksmanship Program, the Corporation shall give
priority to activities that benefit firearms safety, training,
and competition for youth and that reach as many youth
participants as possible.
(c) Access to Surplus Property.--(1) The Corporation may
obtain surplus property and supplies from the Defense
Reutilization Marketing Service to carry out the Civilian
Marksmanship Program.
(2) Any transfer of property and supplies to the
Corporation under paragraph (1) shall be made without cost to
the Corporation.
(d) Transfer of Civilian Marksmanship Program to
Corporation.--(1) The Secretary of the Army shall provide for
the transition of the Civilian Marksmanship Program, as defined
in section 4308(e) of title 10, United States Code (as such
section was in effect on the day before the date of the
enactment of this Act), from conduct by the Department of the
Army to conduct by the Corporation. The transition shall be
completed not later than September 30, 1996.
(2) To carry out paragraph (1), the Secretary shall provide
such assistance and take such action as is necessary to
maintain the viability of the program and to maintain the
security of firearms, ammunition, and other property that are
transferred or reserved for transfer to the Corporation under
section 1615, 1616, or 1621.
SEC. 1613. ELIGIBILITY FOR PARTICIPATION IN CIVILIAN MARKSMANSHIP
PROGRAM.
(a) Certification Requirement.--(1) Before a person may
participate in any activity sponsored or supported by the
Corporation, the person shall be required to certify by
affidavit the following:
(A) The person has not been convicted of any
Federal or State felony or violation of section 922 of
title 18, United States Code.
(B) The person is not a member of any organization
that advocates the violent overthrow of the United
States Government.
(2) The Director of Civilian Marksmanship may require any
person to attach to the person's affidavit a certification from
the appropriate State or Federal law enforcement agency for
purposes of paragraph (1)(A).
(b) Ineligibility Resulting From Certain Convictions.--A
person who has been convicted of a Federal or State felony or a
violation of section 922 of title 18, United States Code, shall
not be eligible to participate in any activity sponsored or
supported by the Corporation through the Civilian Marksmanship
Program.
(c) Authority To Limit Participation.--The Director of
Civilian Marksmanship may limit participation as necessary to
ensure--
(1) quality instruction in the use of firearms;
(2) the safety of participants; and
(3) the security of firearms, ammunition, and
equipment.
SEC. 1614. ISSUANCE, LOAN, AND SALE OF FIREARMS AND AMMUNITION BY THE
CORPORATION.
(a) Issuance and Loan.--For purposes of training and
competition, the Corporation may issue or loan, with or without
charges to recover administrative costs, caliber .22 rimfire
and caliber .30 surplus rifles, caliber .22 and .30 ammunition,
air rifles, targets, and other supplies and appliances
necessary for activities related to the Civilian Marksmanship
Program to the following:
(1) Organizations affiliated with the Corporation
that provide training in the use of firearms to youth.
(2) The Boy Scouts of America.
(3) 4-H Clubs.
(4) Future Farmers of America.
(5) Other youth-oriented organizations.
(b) Sales.--(1) The Corporation may sell at fair market
value caliber .22 rimfire and caliber .30 surplus rifles,
caliber .22 and .30 ammunition, air rifles, repair parts, and
accouterments to organizations affiliated with the Corporation
that provide training in the use of firearms.
(2) Subject to subsection (e), the Corporation may sell at
fair market value caliber .22 rimfire and caliber .30 surplus
rifles, ammunition, targets, repair parts and accouterments,
and other supplies and appliances necessary for target practice
to citizens of the United States over 18 years of age who are
members of a gun club affiliated with the Corporation. In
addition to any other requirement, the Corporation shall
establish procedures to obtain a criminal records check of the
person with appropriate Federal and State law enforcement
agencies.
(c) Limitations on Sales.--(1) The Corporation may not
offer for sale any repair part designed to convert any firearm
to fire in a fully automatic mode.
(2) The Corporation may not sell rifles, ammunition, or any
other item available for sale to individuals under the Civilian
Marksmanship Program to a person who has been convicted of a
felony or a violation of section 922 of title 18, United States
Code.
(d) Oversight and Accountability.--The Corporation shall be
responsible for ensuring adequate oversight and accountability
of all firearms issued or loaned under this section. The
Corporation shall prescribe procedures for the security of
issued or loaned firearms in accordance with Federal, State,
and local laws.
(e) Applicability of Other Law.--(1) Subject to paragraph
(2), sales under subsection (b)(2) are subject to applicable
Federal, State, and local laws.
(2) Paragraphs (1), (2), (3), and (5) of section 922(a) of
title 18, United States Code, do not apply to the shipment,
transportation, receipt, transfer, sale, issuance, loan, or
delivery by the Corporation of any item that the Corporation is
authorized to issue, loan, sell, or receive under this title.
SEC. 1615. TRANSFER OF FIREARMS AND AMMUNITION FROM THE ARMY TO THE
CORPORATION.
(a) Transfers Required.--The Secretary of the Army shall,
in accordance with subsection (b), transfer to the Corporation
all firearms and ammunition that on the day before the date of
the enactment of this Act are under the control of the Director
of the Civilian Marksmanship Program, including--
(1) all firearms on loan to affiliated clubs and
State associations;
(2) all firearms in the possession of the Civilian
Marksmanship Support Detachment; and
(3) all M-1 Garand and caliber .22 rimfire rifles
stored at Anniston Army Depot, Anniston, Alabama.
(b) Time for Transfer.--The Secretary shall transfer
firearms and ammunition under subsection (a) as and when
necessary to enable the Corporation--
(1) to issue or loan such items in accordance with
section 1614(a); or
(2) to sell such items to purchasers in accordance
with section 1614(b).
(c) Parts.--The Secretary may make available to the
Corporation any part from a rifle designated to be
demilitarized in the inventory of the Department of the Army.
(d) Vesting of Title in Transferred Items.--Title to an
item transferred to the Corporation under this section shall
vest in the Corporation--
(1) upon the issuance of the item to a recipient
eligible under section 1614(a) to receive the item; or
(2) immediately before the Corporation delivers the
item to a purchaser of the item in accordance with a
contract for a sale of the item that is authorized
under section 1614(b).
(e) Costs of Transfers.--Any transfer of firearms,
ammunition, or parts to the Corporation under this section
shall be made without cost to the Corporation, except that the
Corporation shall assume the cost of preparation and
transportation of firearms and ammunition transferred under
this section.
SEC. 1616. RESERVATION BY THE ARMY OF FIREARMS AND AMMUNITION FOR THE
CORPORATION.
(a) Reservation of Firearms and Ammunition.--The Secretary
of the Army shall reserve for the Corporation the following:
(1) All firearms referred to in section 1615(a).
(2) Ammunition for such firearms.
(3) All M-16 rifles used to support the small arms
firing school that are held by the Department of the
Army on the date of the enactment of this Act.
(4) Any parts from, and accessories and
accouterments for, surplus caliber .30 and caliber .22
rimfire rifles.
(b) Storage of Firearms and Ammunition.--Firearms stored at
Anniston Army Depot, Anniston, Alabama, before the date of the
enactment of this Act and used for the Civilian Marksmanship
Program shall remain at that facility, or another storage
facility designated by the Secretary of the Army, without cost
to the Corporation, until the firearms are issued, loaned, or
sold by, or otherwise transferred to, the Corporation.
(c) Limitation on Demilitarization of M-1 Rifles.--After
the date of the enactment of this Act, the Secretary may not
demilitarize any M-1 Garand rifle in the inventory of the Army
unless that rifle is determined by the Defense Logistics Agency
to be unserviceable.
(d) Exception for Transfers to Federal and State Agencies
for Counterdrug Purposes.--The requirement specified in
subsection (a) does not supersede the authority provided in
section 1208 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 10 U.S.C. 372
note).
SEC. 1617. ARMY LOGISTICAL SUPPORT FOR THE PROGRAM.
(a) Logistical Support.--The Secretary of the Army shall
provide logistical support to the Civilian Marksmanship Program
and for competitions and other activities conducted by the
Corporation. The Corporation shall reimburse the Secretary for
incremental direct costs incurred in providing such support.
Such reimbursements shall be credited to the appropriations
account of the Department of the Army that is charged to
provide such support.
(b) Reserve Component Personnel.--The Secretary shall
provide, without cost to the Corporation, for the use of
members of the National Guard and Army Reserve to support the
National Matches as part of the performance of annual training
pursuant to titles 10 and 32, United States Code.
(c) Use of Department of Defense Facilities for National
Matches.--The National Matches may continue to be held at those
Department of Defense facilities at which the National Matches
were held before the date of the enactment of this Act.
(d) Regulations.--The Secretary shall prescribe regulations
to carry out this section.
SEC. 1618. GENERAL AUTHORITIES OF THE CORPORATION.
(a) Donations and Fees.--(1) The Corporation may solicit,
accept, hold, use, and dispose of donations of money, property,
and services received by gift, devise, bequest, or otherwise.
(2) The Corporation may impose, collect, and retain such
fees as are reasonably necessary to cover the direct and
indirect costs of the Corporation to carry out the Civilian
Marksmanship Program.
(3) Amounts collected by the Corporation under the
authority of this subsection, including the proceeds from the
sale of firearms, ammunition, targets, and other supplies and
appliances, may be used only to support the Civilian
Marksmanship Program.
(b) Corporate Seal.--The Corporation may adopt, alter, and
use a corporate seal, which shall be judicially noticed.
(c) Contracts.--The Corporation may enter into contracts,
leases, agreements, or other transactions.
(d) Obligations and Expenditures.--The Corporation may
determine the character of, and necessity for, its obligations
and expenditures and the manner in which they shall be
incurred, allowed, and paid and may incur, allow, and pay such
obligations and expenditures.
(e) Related Authority.--The Corporation may take such other
actions as are necessary or appropriate to carry out the
authority provided in this section.
SEC. 1619. DISTRIBUTION OF CORPORATE ASSETS IN EVENT OF DISSOLUTION.
(a) Distribution.--If the Corporation dissolves, then--
(1) upon the dissolution of the corporation, title
to all firearms stored at Anniston Army Depot,
Anniston, Alabama, on the date of the dissolution, all
M-16 rifles that are transferred to the Corporation
under section 1615(a)(2), that are referred to in
section 1616(a)(3), or that are otherwise under the
control of the Corporation, and all trophies received
by the Corporation from the National Board for the
Promotion of Rifle Practice as of such date, shall vest
in the Secretary of the Army, and the Secretary shall
have the immediate right to the possession of such
items;
(2) assets of the Corporation, other than assets
described in paragraph (1), may be distributed by the
Corporation to an organization that--
(A) is exempt from taxation under section
501(a) of the Internal Revenue Code of 1986 as
an organization described in section 501(c)(3)
of such Code; and
(B) performs functions similar to the
functions described in section 1612(a); and
(3) all assets of the Corporation that are not
distributed pursuant to paragraphs (1) and (2) shall be
sold, and the proceeds from the sale of such assets
shall be deposited in the Treasury.
(b) Prohibition.--Assets of the Corporation that are
distributed pursuant to the authority of subsection (a) may not
be distributed to an individual.
Subtitle B--Transitional Provisions
SEC. 1621. TRANSFER OF FUNDS AND PROPERTY TO THE CORPORATION.
(a) Funds.--(1) On the date of the submission of a
certification in accordance with section 1623 or, if earlier,
October 1, 1996, the Secretary of the Army shall transfer to
the Corporation--
(A) the amounts that are available to the National
Board for the Promotion of Rifle Practice from sales
programs and fees collected in connection with
competitions sponsored by the Board; and
(B) all funds that are in the nonappropriated fund
account known as the National Match Fund.
(2) The funds transferred under paragraph (1)(A) shall be
used to carry out the Civilian Marksmanship Program.
(3) Transfers under paragraph (1)(B) shall be made without
cost to the Corporation.
(b) Property.--The Secretary of the Army shall, as soon as
practicable, transfer to the Corporation the following:
(1) All automated data equipment, all other office
equipment, targets, target frames, vehicles, and all
other property under the control of the Director of
Civilian Marksmanship and the Civilian Marksmanship
Support Detachment on the day before the date of the
enactment of this Act (other than property to which
section 1615(a) applies).
(2) Title to property under the control of the
National Match Fund on such day.
(3) All supplies and appliances under the control
of the Director of the Civilian Marksmanship Program on
such day.
(c) Offices.--The Corporation may use the office space of
the Office of the Director of Civilian Marksmanship until the
date on which the Secretary of the Army completes the transfer
of the Civilian Marksmanship Program to the Corporation. The
Corporation shall assume control of the leased property
occupied as of the date of the enactment of this Act by the
Civilian Marksmanship Support Detachment, located at the Erie
Industrial Park, Port Clinton, Ohio.
(d) Costs of Transfers.--Any transfer of items to the
Corporation under this section shall be made without cost to
the Corporation.
SEC. 1622. CONTINUATION OF ELIGIBILITY FOR CERTAIN CIVIL SERVICE
BENEFITS FOR FORMER FEDERAL EMPLOYEES OF CIVILIAN
MARKSMANSHIP PROGRAM.
(a) Continuation of Eligibility.--Notwithstanding any other
provision of law, a Federal employee who is employed by the
Department of Defense to support the Civilian Marksmanship
Program as of the day before the date of the transfer of the
Program to the Corporation and is offered employment by the
Corporation as part of the transition described in section
1612(d) may, if the employee becomes employed by the
Corporation, continue to be eligible during continuous
employment with the Corporation for the Federal health,
retirement, and similar benefits (including life insurance) for
which the employee would have been eligible had the employee
continued to be employed by the Department of Defense. The
employer's contribution for such benefits shall be paid by the
Corporation.
(b) Regulations.--The Director of the Office of Personnel
Management shall prescribe regulations to carry out subsection
(a).
SEC. 1623. CERTIFICATION OF COMPLETION OF TRANSITION.
(a) Certification Requirement.--Upon completion of the
appointment of the Board of Directors for the Corporation under
section 1611(c)(5) and of the transition required under section
1612(d), the Secretary of the Army shall submit to the
Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a
certification of the completion of such actions.
(b) Publication of Certification.--The Secretary shall take
such actions as are necessary to ensure that the certification
is published in the Federal Register promptly after the
submission of the certification under subsection (a).
SEC. 1624. REPEAL OF AUTHORITY FOR CONDUCT OF CIVILIAN MARKSMANSHIP
PROGRAM BY THE ARMY.
(a) Repeals.--(1) Sections 4307, 4308, 4310, and 4311 of
title 10, United States Code, are repealed.
(2) The table of sections at the beginning of chapter 401
of such title is amended by striking out the items relating to
sections 4307, 4308, 4310, and 4311.
(b) Conforming Amendments.--(1) Section 4313 of title 10,
United States Code, is amended--
(A) by striking out subsection (b); and
(B) in subsection (a)--
(i) by striking out ``(a) Junior
Competitors.--'' and inserting in lieu thereof
``(a) Allowances for Participation of Junior
Competitors.--''; and
(ii) in paragraph (3), by striking out
``(3) For the purposes of this subsection'' and
inserting in lieu thereof ``(b) Junior
Competitor Defined.--For the purposes of
subsection (a)''.
(2) Section 4316 of such title is amended by striking out
``, including fees charged and amounts collected pursuant to
subsections (b) and (c) of section 4308,''.
(3) Section 925(a)(2)(A) of title 18, United States Code,
is amended by inserting after ``section 4308 of title 10'' the
following: ``before the repeal of such section by section
1624(a) of the Corporation for the Promotion of Rifle Practice
and Firearms Safety Act''.
(c) Effective Date.--The amendments made by this section
shall take effect on the earlier of--
(1) the date on which the Secretary of the Army
submits a certification in accordance with section
1623; or
(2) October 1, 1996.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 1996''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real property
and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama..................... Fort Rucker............... $5,900,000
Redstone Arsenal.......... $5,000,000
Arizona..................... Fort Huachuca............. $16,000,000
California.................. Fort Irwin................ $25,500,000
Presidio of San Francisco. $3,000,000
Colorado.................... Fort Carson............... $30,850,000
District of Columbia........ Fort McNair............... $13,500,000
Georgia..................... Fort Benning.............. $37,900,000
Fort Gordon............... $5,750,000
Fort Stewart.............. $8,400,000
Hawaii...................... Schofield Barracks........ $30,000,000
Kansas...................... Fort Riley................ $7,000,000
Kentucky.................... Fort Campbell............. $10,000,000
Fort Knox................. $5,600,000
New Jersey.................. Picatinny Arsenal......... $5,500,000
New Mexico.................. White Sands Missile Range. $2,050,000
New York.................... Fort Drum................. $8,800,000
United States Military $8,300,000
Academy.
Watervliet Arsenal........ $680,000
North Carolina.............. Fort Bragg................ $29,700,000
Oklahoma.................... Fort Sill................. $14,300,000
South Carolina.............. Naval Weapons Station,
Charleston............... $25,700,000
Fort Jackson.............. $32,000,000
Texas....................... Fort Hood................. $32,500,000
Fort Bliss................ $56,900,000
Fort Sam Houston.......... $7,000,000
Virginia.................... Fort Eustis............... $16,400,000
Washington.................. Fort Lewis................ $32,100,000
CONUS Classified............ Classified Location....... $1,900,000
Total:.................. $478,230,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real property
and carry out military construction projects for the locations
outside the United States, and in the amounts, set forth in the
following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Korea........................ Camp Casey............... $4,150,000
Camp Hovey............... $13,500,000
Camp Pelham.............. $5,600,000
Camp Stanley............. $6,800,000
Yongsan.................. $4,500,000
Overseas Classified.......... Classified Location...... $48,000,000
Worldwide.................... Host Nation Support...... $20,000,000
Total:................. $102,550,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may construct
or acquire family housing units (including land acquisition) at
the installations, for the purposes, and in the amounts set
forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
Kentucky................................ Fort Knox................. 150 units................. $19,000,000
New York................................ United States Military
Academy, West Point...... 119 units................. $16,500,000
Virginia................................ Fort Lee.................. 135 units................. $19,500,000
Washington.............................. Fort Lewis................ 84 units.................. $10,800,000
Total:.................. $65,800,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of
family housing units in an amount not to exceed $2,000,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2104(a)(5)(A), the Secretary of the
Army may improve existing military family housing in an amount
not to exceed $48,856,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Subject to subsection (c), funds are
hereby authorized to be appropriated for fiscal years beginning
after September 30, 1995, for military construction, land
acquisition, and military family housing functions of the
Department of the Army in the total amount of $2,147,427,000 as
follows:
(1) For military construction projects inside the
United States authorized by section 2101(a),
$478,230,000.
(2) For military construction projects outside the
United States authorized by section 2101(b),
$102,550,000.
(3) For unspecified minor military construction
projects authorized by section 2805 of title 10, United
States Code, $9,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $34,194,000.
(5) For military family housing functions:
(A) For construction and acquisition,
planning and design, and improvements of
military family housing and facilities,
$116,656,000.
(B) For support of military family housing
(including the functions described in section
2833 of title 10, United States Code),
$1,337,596,000.
(6) For the Homeowners Assistance Program, as
authorized by section 2832 of title 10, United States
Code, $75,586,000, to remain available until expended.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2101 of this Act may not exceed the total amount
authorized to be appropriated under paragraphs (1) and (2) of
subsection (a).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (6) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $6,385,000, which
represents the combination of project savings resulting from
favorable bids, reduced overhead costs, and cancellations due
to force structure changes.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), and, in the case of the project described in
section 2204(b)(2), other amounts appropriated pursuant to
authorizations enacted after this Act for that project, the
Secretary of the Navy may acquire real property and carry out
military construction projects for the installations and
locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
California.................. Marine Corps Air-Ground
Marine Corps Base, Camp
Pendleton................ $27,584,000
Naval Command, Control,
and Ocean Surveillance
Center, San Diego........ $3,170,000
Naval Air Station, Lemoore $7,600,000
Naval Air Station, North
Island................... $99,150,000
Naval Air Warfare Center
Weapons Division, China
Lake..................... $3,700,000
Naval Air Warfare Center
Weapons Division, Point
Mugu..................... $1,300,000
Naval Construction
Batallion Center, Port
Hueneme.................. $9,000,000
Naval Station, San Diego.. $19,960,000
Florida..................... Naval School Explosive
Ordinance Disposal, Eglin
Air Force Base........... $16,150,000
Naval Technical Training
Center, Corry Station,
Pensacola................ $2,565,000
Georgia..................... Strategic Weapons
Facility, Atlantic, Kings
Bay...................... $2,450,000
Hawaii...................... Honolulu Naval Computer
and Telecommunications
Area, Master Station
Eastern Pacific.......... $1,980,000
Intelligence Center
Pacific, Pearl Harbor.... $2,200,000
Naval Submarine Base,
Pearl Harbor............. $22,500,000
Illinois.................... Naval Training Center,
Great Lakes.............. $12,440,000
Indiana..................... Crane Naval Surface
Warfare Center........... $3,300,000
Maryland.................... Naval Academy, Annapolis.. $3,600,000
New Jersey.................. Naval Air Warfare Center
Aircraft Division,
Lakehurst................ $1,700,000
North Carolina.............. Marine Corps Air Station,
Cherry Point............. $11,430,000
Marine Corps Air Station,
New River................ $14,650,000
Marine Corps Base, Camp
LeJeune.................. $59,300,000
Pennsylvania................ Philadelphia Naval
Shipyard................. $6,000,000
South Carolina.............. Marine Corps Air Station,
Beaufort................. $15,000,000
Texas....................... Naval Air Station, Corpus
Christi.................. $4,400,000
Naval Air Station,
Kingsville............... $2,710,000
Naval Station, Ingleside.. $2,640,000
Virginia.................... Fleet and Industrial
Supply Center,
Williamsburg............. $8,390,000
Henderson Hall, Arlington. $1,900,000
Marine Corps Combat
Development Command,
Quantico................. $3,500,000
Naval Hospital, Portsmouth $9,500,000
Naval Station, Norfolk.... $10,580,000
Naval Weapons Station,
Yorktown................. $1,300,000
Washington.................. Naval Undersea Warfare
Center Division, Keyport. $5,300,000
Puget Sound Naval
Shipyard, Bremerton...... $19,870,000
West Virginia............... Naval Security Group
Detachment............... $7,200,000
CONUS Classified............ Classified Locations...... $1,200,000
Total:.................. $427,709,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real property
and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Guam........................ Naval Computer and
Navy Public Works Center,
Guam..................... $16,180,000
Italy....................... Naval Air Station,
Sigonella................ $12,170,000
Naval Support Activity,
Naples................... $24,950,000
Puerto Rico................. Naval Security Group
Activity, Sabana Seca.... $2,200,000
Naval Station, Roosevelt
Roads.................... $11,500,000
Total................... $69,250,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may construct
or acquire family housing units (including land acquisition) at
the installations, for the purposes, and in the amounts set
forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Marine Corps Base, Camp
Marine Corps Base, Camp
Pendleton................ Community Center.......... $1,438,000
Marine Corps Base, Camp
Pendleton................ Housing Office............ $707,000
Naval Air Station, Lemoore 240 units................. $34,900,000
Pacific Missile Test
Center, Point Mugu....... Housing Office............ $1,020,000
Public Works Center, San
Diego.................... 346 units................. $49,310,000
Hawaii.................................. Naval Complex, Oahu....... 252 units................. $48,400,000
Maryland................................ Naval Air Test Center,
Patuxent River........... Warehouse................. $890,000
US Naval Academy,
Annapolis................ Housing Office............ $800,000
North Carolina.......................... Marine Corps Air Station,
Cherry Point............. Community Center.......... $1,003,000
Pennsylvania............................ Navy Ships Parts Control
Center, Mechanicsburg.... Housing Office............ $300,000
Puerto Rico............................. Naval Station, Roosevelt
Roads.................... Housing Office............ $710,000
Virginia................................ Naval Surface Warfare
Center, Dahlgren......... Housing Office............ $520,000
Public Works Center,
Norfolk.................. 320 units................. $42,500,000
Public Works Center,
Norfolk.................. Housing Office............ $1,390,000
West Virginia........................... Security Group Naval
Detachment, Sugar Grove.. 23 units................. $3,590,000
Total:.................. $207,478,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of
military family housing units in an amount not to exceed
$24,390,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(5)(A), the Secretary of the
Navy may improve existing military family housing units in an
amount not to exceed $290,831,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Subject to subsection (c), funds are
hereby authorized to be appropriated for fiscal years beginning
after September 30, 1995, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy in the total amount of $2,119,317,000 as
follows:
(1) For military construction projects inside the
United States authorized by section 2201(a),
$427,709,000.
(2) For military construction projects outside the
United States authorized by section 2201(b),
$69,250,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $7,200,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $50,515,000.
(5) For military family housing functions:
(A) For construction and acquisition,
planning and design, and improvement of
military family housing and facilities,
$522,699,000.
(B) For support of military housing
(including functions described in section 2833
of title 10, United States Code),
$1,048,329,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2201 of this Act may not exceed--
(1) the total amount authorized to be appropriated
under paragraphs (1) and (2) of subsection (a); and
(2) $7,700,000 (the balance of the amount
authorized under section 2201(a) for the construction
of a bachelor enlisted quarters at the Naval
Construction Batallion Center, Port Hueneme,
California).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (5) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $6,385,000, which
represents the combination of project savings resulting from
favorable bids, reduced overhead costs, and cancellations due
to force structure changes.
SEC. 2205. REVISION OF FISCAL YEAR 1995 AUTHORIZATION OF APPROPRIATIONS
TO CLARIFY AVAILABILITY OF FUNDS FOR LARGE ANECHOIC
CHAMBER FACILITY, PATUXENT RIVER NAVAL WARFARE
CENTER, MARYLAND.
Section 2204(a) of the Military Construction Authorization
Act for Fiscal Year 1995 (division B of Public Law 103-337; 108
Stat. 3033) is amended--
(1) in the matter preceding paragraph (1), by
striking out ``$1,591,824,000'' and inserting in lieu
thereof ``$1,601,824,000'' and
(2) by adding at the end the following:
``(6) For the construction of the large anechoic
chamber facility at the Patuxent River Naval Warfare
Center, Aircraft Division, Maryland, authorized by
section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 1993 (division B of
Public Law 102-484; 106 Stat. 2590), $10,000,000.''.
SEC. 2206. AUTHORITY TO CARRY OUT LAND ACQUISITION PROJECT, HAMPTON
ROADS, VIRGINIA.
The table in section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 1993 (division B of Public
Law 102-484; 106 Stat. 2589) is amended--
(1) in the item relating to Damneck, Fleet Combat
Training Center, Virginia, by striking out
``$19,427,000'' in the amount column and inserting in
lieu thereof ``$14,927,000''; and
(2) by inserting after the item relating to
Damneck, Fleet Combat Training Center, Virginia, the
following new item:
------------------------------------------------------------------------
------------------------------------------------------------------------
Hampton Roads.......... $4,500,000
------------------------------------------------------------------------
SEC. 2207. ACQUISITION OF LAND, HENDERSON HALL, ARLINGTON, VIRGINIA.
(a) Authority To Acquire.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire all right,
title, and interest of any party in and to a parcel of real
property, including an abandoned mausoleum, consisting of
approximately 0.75 acres and located in Arlington, Virginia,
the site of Henderson Hall.
(b) Demolition of Mausoleum.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary may--
(1) demolish the mausoleum located on the parcel
acquired under subsection (a); and
(2) provide for the removal and disposition in an
appropriate manner of the remains contained in the
mausoleum.
(c) Authority To Design Public Works Facility.--Using
amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(1), the Secretary may obtain
architectural and engineering services and construction design
for a warehouse and office facility for the Marine Corps to be
constructed on the property acquired under subsection (a).
(d) Description of Property.--The exact acreage and legal
description of the real property authorized to be acquired
under subsection (a) shall be determined by a survey that is
satisfactory to the Secretary. The cost of the survey shall be
borne by the Secretary.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the acquisition under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2208. ACQUISITION OR CONSTRUCTION OF MILITARY FAMILY HOUSING IN
VICINITY OF SAN DIEGO, CALIFORNIA.
(a) Authority To Use Litigation Proceeds.--Upon final
settlement in the case of Rossmoor Liquidating Trust against
United States, in the United States District Court for the
Central District of California (Case No. CV 82-0956 LEW (Px)),
the Secretary of the Treasury shall deposit in a separate
account any funds paid to the United States in settlement of
such case. At the request of the Secretary of the Navy, the
Secretary of the Treasury shall make available amounts in the
account to the Secretary of the Navy solely for the acquisition
or construction of military family housing, including the
acquisition of land necessary for such acquisition or
construction, for members of the Armed Forces and their
dependents stationed in, or in the vicinity of, San Diego,
California. In using amounts in the account, the Secretary of
the Navy may use the authorities provided in subchapter IV of
chapter 169 of title 10, United States Code, as added by
section 2801 of this Act.
(b) Units Authorized.--Not more than 150 military family
housing units may be acquired or constructed with funds
referred to in subsection (a). The units authorized by this
subsection are in addition to any other units of military
family housing authorized to be acquired or constructed in, or
in the vicinity of, San Diego, California.
(c) Payment of Excess Into Treasury.--The Secretary of the
Treasury shall deposit into the Treasury as miscellaneous
receipts funds referred to in subsection (a) that have not been
obligated for construction under this section within four years
after receipt thereof.
(d) Limitation.--The Secretary may not enter into any
contract for the acquisition or construction of military family
housing under this section until after the expiration of the
21-day period beginning on the day after the day on which the
Secretary transmits to the congressional defense committees a
report containing the details of such contract.
(e) Repeal of Existing Authority.--Section 2848 of the
Military Construction Authorization Act for Fiscal Years 1990
and 1991 (division B of Public Law 101-189; 103 Stat. 1666) is
repealed.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), and, in the case of the project described in
section 2304(b)(2), other amounts appropriated pursuant to
authorizations enacted after this Act for that project, the
Secretary of the Air Force may acquire real property and carry
out military construction projects for the installations and
locations inside the United States, and in the amounts, set
forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama..................... Maxwell Air Force Base.... $5,200,000
Alaska...................... Eielson Air Force Base.... $7,850,000
Elmendorf Air Force Base.. $9,100,000
Tin City Long Range RADAR
Site..................... $2,500,000
Arizona..................... Davis-Monthan Air Force $4,800,000
Base.
Luke Air Force Base....... $5,200,000
Arkansas.................... Little Rock Air Force Base $2,500,000
California.................. Beale Air Force Base...... $7,500,000
Edwards Air Force Base.... $33,800,000
Travis Air Force Base..... $26,700,000
Vandenberg Air Force Base. $6,000,000
Colorado.................... Buckley Air National Guard $5,500,000
Base.
Peterson Air Force Base... $4,390,000
US Air Force Academy...... $12,874,000
Delaware.................... Dover Air Force Base...... $5,500,000
District of Columbia........ Bolling Air Force Base.... $12,100,000
Florida..................... Cape Canaveral Air Force $1,600,000
Station.
Eglin Air Force Base...... $13,500,000
Tyndall Air Force Base.... $1,200,000
Georgia..................... Moody Air Force Base...... $25,190,000
Robins Air Force Base..... $12,400,000
Hawaii...................... Hickam Air Force Base..... $10,700,000
Idaho....................... Mountain Home Air Force $18,650,000
Base.
Illinois.................... Scott Air Force Base...... $12,700,000
Kansas...................... McConnell Air Force Base.. $9,450,000
Louisiana................... Barksdale Air Force Base.. $2,500,000
Maryland.................... Andrews Air Force Base.... $12,886,000
Mississippi................. Columbus Air Force Base... $1,150,000
Keesler Air Force Base.... $6,500,000
Missouri.................... Whiteman Air Force Base... $24,600,000
Nevada...................... Nellis Air Force Base..... $17,500,000
New Jersey.................. McGuire Air Force Base.... $16,500,000
New Mexico.................. Cannon Air Force Base..... $13,420,000
Holloman Air Force Base... $6,000,000
Kirtland Air Force Base... $9,156,000
North Carolina.............. Pope Air Force Base....... $8,250,000
Seymour Johnson Air Force $5,530,000
Base.
North Dakota................ Grand Forks Air Force Base $14,800,000
Minot Air Force Base...... $1,550,000
Ohio........................ Wright Patterson Air Force $4,100,000
Base.
Oklahoma.................... Altus Air Force Base...... $4,800,000
Tinker Air Force Base..... $11,100,000
South Carolina.............. Charleston Air Force Base. $12,500,000
Shaw Air Force Base....... $1,300,000
South Dakota................ Ellsworth Air Force Base.. $7,800,000
Tennessee................... Arnold Air Force Base..... $5,000,000
Texas....................... Dyess Air Force Base...... $5,400,000
Goodfellow Air Force Base. $1,000,000
Kelly Air Force Base...... $3,244,000
Laughlin Air Force Base... $1,400,000
Randolph Air Force Base... $3,100,000
Sheppard Air Force Base... $1,500,000
Utah........................ Hill Air Force Base....... $8,900,000
Virginia.................... Langley Air Force Base.... $1,000,000
Washington.................. Fairchild Air Force Base.. $15,700,000
McChord Air Force Base.... $9,900,000
Wyoming..................... F.E. Warren Air Force Base $9,000,000
CONUS Classified............ Classified Location....... $700,000
Total:.................. $504,690,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and may carry out military construction projects for
the installations and locations outside the United States, and
in the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Germany..................... Spangdahlem Air Base...... $8,380,000
Vogelweh Annex............ $2,600,000
Greece...................... Araxos Radio Relay Site... $1,950,000
Italy....................... Aviano Air Base........... $2,350,000
Ghedi Radio Relay Site.... $1,450,000
Turkey...................... Ankara Air Station........ $7,000,000
Incirlik Air Base......... $4,500,000
United Kingdom.............. Lakenheath Royal Air Force
Base..................... $1,820,000
Mildenhall Royal Air Force $2,250,000
Base.
Overseas Classified......... Classified Location....... $17,100,000
Total:.................. $49,400,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations in
section 2304(a)(5)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in the
amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State/Country Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Elmendorf Air Force Base.. Housing Office/Maintenance
Arizona................................. Davis-Monthan Air Force
Base..................... 80 units.................. $9,498,000
Arkansas................................ Little Rock Air Force Base Replace 1 General Officer
Quarters................. $210,000
California.............................. Beale Air Force Base...... Family Housing Office..... $842,000
Edwards Air Force Base.... 127 units................. $20,750,000
Vandenberg Air Force Base. Family Housing Office..... $900,000
Vandenberg Air Force Base. 143 units................. $20,200,000
Colorado................................ Peterson Air Force Base... Family Housing Office..... $570,000
District of Columbia.................... Bolling Air Force Base.... 32 units.................. $4,100,000
Florida................................. Eglin Air Force Base...... Family Housing Office..... $500,000
Eglin Auxiliary Field 9... Family Housing Office..... $880,000
MacDill Air Force Base.... Family Housing Office..... $646,000
Patrick Air Force Base.... 70 units.................. $7,947,000
Tyndall Air Force Base.... 82 units.................. $9,800,000
Georgia................................. Moody Air Force Base...... 1 Officer & 1 General
Officer Quarter.......... $513,000
Robins Air Force Base..... 83 units.................. $9,800,000
Guam.................................... Andersen Air Force Base... Housing Maintenance
Facility................. $1,700,000
Idaho................................... Mountain Home Air Force
Base..................... Housing Management
Facility................. $844,000
Kansas.................................. McConnell Air Force Base.. 39 units.................. $5,193,000
Louisiana............................... Barksdale Air Force Base.. 62 units.................. $10,299,000
Massachusetts........................... Hanscom Air Force Base.... 32 units.................. $4,900,000
Mississippi............................. Keesler Air Force Base.... 98 units.................. $9,300,000
Missouri................................ Whiteman Air Force Base... 72 units.................. $9,948,000
Nevada.................................. Nellis Air Force Base..... 102 Units................. $16,357,000
New Mexico.............................. Holloman Air Force Base... 1 General Officer Quarters $225,000
Kirtland Air Force Base... 105 units................. $11,000,000
North Carolina.......................... Pope Air Force Base....... 104 units................. $9,984,000
Seymour Johnson Air Force
Base..................... 1 General Officer Quarters $204,000
South Carolina.......................... Shaw Air Force Base....... Housing Maintenance
Facility................. $715,000
Texas................................... Dyess Air Force Base...... Housing Maintenance
Facility................. $580,000
Lackland Air Force Base... 67 units.................. $6,200,000
Sheppard Air Force Base... Management Office......... $500,000
Sheppard Air Force Base... Housing Maintenance
Facility................. $600,000
Turkey.................................. Incirlik Air Base......... 150 units................. $10,146,000
Washington.............................. McChord Air Force Base.... 50 units.................. $9,504,000
Total:.................. $198,355,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of
military family housing units in an amount not to exceed
$8,989,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2304(a)(5)(A), the Secretary of the
Air Force may improve existing military family housing units in
an amount not to exceed $90,959,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Subject to subsection (c), funds are
hereby authorized to be appropriated for fiscal years beginning
after September 30, 1995, for military construction, land
acquisition, and military family housing functions of the
Department of the Air Force in the total amount of
$1,735,086,000 as follows:
(1) For military construction projects inside the
United States authorized by section 2301(a),
$504,690,000.
(2) For military construction projects outside the
United States authorized by section 2301(b),
$49,400,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $9,030,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $30,835,000.
(5) For military housing functions:
(A) For construction and acquisition,
planning and design and improvement of military
family housing and facilities, $298,303,000.
(B) For support of military family housing
(including the functions described in section
2833 of title 10, United States Code),
$849,213,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2301 of this Act may not exceed--
(1) the total amount authorized to be appropriated
under paragraphs (1) and (2) of subsection (a); and
(2) $5,400,000 (the balance of the amount
authorized under section 2301(a) for the construction
of a corrosion control facility at Tinker Air Force
Base, Oklahoma).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (5) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $6,385,000, which
represents the combination of project savings resulting from
favorable bids, reduced overhead costs, and cancellations due
to force structure changes.
SEC. 2305. RETENTION OF ACCRUED INTEREST ON FUNDS DEPOSITED FOR
CONSTRUCTION OF FAMILY HOUSING, SCOTT AIR FORCE
BASE, ILLINOIS.
(a) Retention of Interest.--Section 2310 of the Military
Construction Authorization Act for Fiscal Year 1994 (division B
of Public Law 103-160; 107 Stat. 1874) is amended--
(1) by redesignating subsection (b) as subsection
(c); and
(2) by inserting after subsection (a) the following
new subsection:
``(b) Retention of Interest.--Interest accrued on the funds
transferred to the County pursuant to subsection (a) shall be
retained in the same account as the transferred funds and shall
be available to the County for the same purpose as the
transferred funds.''.
(b) Limitation on Units Constructed.--Subsection (c) of
such section, as redesignated by subsection (a)(1), is amended
by adding at the end the following new sentence: ``The number
of units constructed using the transferred funds (and interest
accrued on such funds) may not exceed the number of units of
military family housing authorized for Scott Air Force Base in
section 2302(a) of the Military Construction Authorization Act
for Fiscal Year 1993.''.
(c) Effect of Completion of Construction.--Such section is
further amended by adding at the end the following new
subsection:
``(d) Completion of Construction.--Upon the completion of
the construction authorized by this section, all funds
remaining from the funds transferred pursuant to subsection
(a), and the remaining interest accrued on such funds, shall be
deposited in the general fund of the Treasury of the United
States.''.
(d) Reports on Accrued Interest.--Such section is further
amended by adding at the end the following new subsection:
``(e) Reports on Accrued Interest.--Not later than March 1
of each year following a year in which funds available to the
County under this section are used by the County for the
purpose referred to in subsection (c), the Secretary shall
submit to the congressional defense committees a report setting
forth the amount of interest that accrued on such funds during
the preceding year.''.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(1), and, in the case of the project described in
section 2405(b)(2), other amounts appropriated pursuant to
authorizations enacted after this Act for that project, the
Secretary of Defense may acquire real property and carry out
military construction projects for the installations and
locations inside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Agency/State Installation or location Amount
------------------------------------------------------------------------
Ballistic Missile Defense
Texas....................... Fort Bliss................ $13,600,000
Defense Finance & Accounting
Service
Ohio........................ Columbus Center........... $72,403,000
Defense Intelligence Agency
District of Columbia........ Bolling Air Force Base.... $498,000
Defense Logistics Agency
Alabama..................... Defense Distribution
Anniston................. $3,550,000
California.................. Defense Distribution
Stockton................. $15,000,000
DFSC, Point Mugu.......... $750,000
Delaware.................... DFSC, Dover Air Force Base $15,554,000
Florida..................... DFSC, Eglin Air Force Base $2,400,000
Louisiana................... DFSC, Barksdale Air Force
Base..................... $13,100,000
New Jersey.................. DFSC, McGuire Air Force
Base..................... $12,000,000
Pennsylvania................ Def Distribution New
Cumberland--DDSP......... $4,600,000
Virginia.................... Defense Distribution
Depot--DDNV.............. $10,400,000
Defense Mapping Agency
Missouri.................... Defense Mapping Agency
Aerospace Center......... $40,300,000
Defense Medical Facility
Office
Alabama..................... Maxwell Air Force Base.... $10,000,000
Arizona..................... Luke Air Force Base....... $8,100,000
California.................. Fort Irwin................ $6,900,000
Marine Corps Base, Camp
Pendleton................ $1,700,000
Vandenberg Air Force Base. $5,700,000
Delaware.................... Dover Air Force Base...... $4,400,000
Georgia..................... Fort Benning.............. $5,600,000
Louisiana................... Barksdale Air Force Base.. $4,100,000
Maryland.................... Bethesda Naval Hospital... $1,300,000
Walter Reed Army Institute
of Research.............. $1,550,000
Texas....................... Fort Hood................. $5,500,000
Lackland Air Force Base... $6,100,000
Virginia.................... Northwest Naval Security
Group Activity........... $4,300,000
National Security Agency
Maryland.................... Fort Meade................ $18,733,000
Office of the Secretary of
Defense
Inside the United States.... Classified location....... $11,500,000
Department of Defense
Dependents Schools
Alabama..................... Maxwell Air Force Base.... $5,479,000
Georgia..................... Fort Benning.............. $1,116,000
South Carolina.............. Fort Jackson.............. $576,000
Special Operations Command
California.................. Camp Pendleton............ $5,200,000
Florida..................... Eglin Air Force Base (Duke
Field)................... $2,400,000
Eglin Auxiliary Field 9... $14,150,000
North Carolina.............. Fort Bragg................ $23,800,000
Pennsylvania................ Olmstead Field, Harrisburg
IAP...................... $1,643,000
Virginia.................... Dam Neck.................. $4,500,000
Naval Amphibious Base,
Little Creek............. $6,100,000
Total:.................. $364,602,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(2), the Secretary of Defense may acquire real property
and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Agency/Country Installation Name Amount
------------------------------------------------------------------------
Defense Logistics Agency
Puerto Rico................. Defense Fuel Support
Point, Roosevelt Roads... $6,200,000
Spain....................... DFSC Rota................. $7,400,000
Defense Medical Facility
Office
Italy....................... Naval Support Activity,
Naples................... $5,000,000
Department of Defense
Dependents Schools
Germany..................... Ramstein Air Force Base... $19,205,000
Italy....................... Naval Air Station,
Sigonella................ $7,595,000
National Security Agency
United Kingdom.............. Menwith Hill Station...... $677,000
Special Operations Command
Guam........................ Naval Station, Guam....... $8,800,000
Total:.................. $54,877,000
------------------------------------------------------------------------
SEC. 2402. MILITARY FAMILY HOUSING PRIVATE INVESTMENT.
(a) Availability of Funds for Investment.--Of the amount
authorized to be appropriated pursuant to section
2405(a)(11)(A), $22,000,000 shall be available for crediting to
the Department of Defense Family Housing Improvement Fund
established by section 2883(a)(1) of title 10, United States
Code (as added by section 2801 of this Act).
(b) Use of Funds.--The Secretary of Defense may use funds
credited to the Department of Defense Family Housing
Improvement Fund under subsection (a) to carry out any
activities authorized by subchapter IV of chapter 169 of such
title (as added by such section) with respect to military
family housing.
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(11)(A), the Secretary of
Defense may improve existing military family housing units in
an amount not to exceed $3,772,000.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(9), the Secretary of Defense
may carry out energy conservation projects under section 2865
of title 10, United States Code.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1995, for military construction, land acquisition, and military
family housing functions of the Department of Defense (other
than the military departments), in the total amount of
$4,629,491,000 as follows:
(1) For military construction projects inside the
United States authorized by section 2401(a),
$329,599,000.
(2) For military construction projects outside the
United States authorized by section 2401(b),
$54,877,000.
(3) For military construction projects at
Portsmouth Naval Hospital, Virginia, authorized by
section 2401(a) of the Military Construction
Authorization Act for Fiscal Years 1990 and 1991
(division B of Public Law 101-189; 103 Stat. 1640),
$47,900,000.
(4) For military construction projects at Elmendorf
Air Force Base, Alaska, hospital replacement,
authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1993
(division B of Public Law 102-484; 106 Stat. 2599),
$28,100,000.
(5) For military construction projects at Walter
Reed Army Institute of Research, Maryland, hospital
replacement, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year
1993 (division B of Public Law 102-484; 106 Stat.
2599), $27,000,000.
(6) For unspecified minor construction projects
under section 2805 of title 10, United States Code,
$23,007,000.
(7) For contingency construction projects of the
Secretary of Defense under section 2804 of title 10,
United States Code, $11,037,000.
(8) For architectural and engineering services and
construction design under section 2807 of title 10,
United State Code, $68,837,000.
(9) For energy conservation projects authorized by
section 2404, $40,000,000.
(10) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note), $3,897,892,000.
(11) For military family housing functions:
(A) For construction and acquisition and
improvement of military family housing and
facilities, $25,772,000.
(B) For support of military housing
(including functions described in section 2833
of title 10, United States Code), $40,467,000,
of which not more than $24,874,000 may be
obligated or expended for the leasing of
military family housing units worldwide.
(b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variation authorized by section 2853
of title 10, United States Code, and any other cost variations
authorized by law, the total cost of all projects carried out
under section 2401 of this Act may not exceed--
(1) the total amount authorized to be appropriated
under paragraphs (1) and (2) of subsection (a); and
(2) $35,003,000 (the balance of the amount
authorized under section 2401(a) for the construction
of a center of the Defense Finance and Accounting
Service at Columbus, Ohio).
SEC. 2406. LIMITATIONS ON USE OF DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT 1990.
(a) Set Aside for 1995 Round.--Of the amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(10), $784,569,000 shall be available only for the
purposes described in section 2905 of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) with respect to military
installations approved for closure or realignment in 1995.
(b) Construction.--Amounts appropriated pursuant to the
authorization of appropriations in section 2405(a)(10) may not
be obligated to carry out a construction project with respect
to military installations approved for closure or realignment
in 1995 until after the date on which the Secretary of Defense
submits to Congress a five-year program for executing the 1995
base realignment and closure plan. The limitation contained in
this subsection shall not prohibit site surveys, environmental
baseline surveys, environmental analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and
planning and design work conducted in anticipation of such
construction.
SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1995
PROJECTS.
The table in section 2401 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337; 108 Stat. 3040), under the agency heading relating
to Chemical Weapons and Munitions Destruction, is amended--
(1) in the item relating to Pine Bluff Arsenal,
Arkansas, by striking out ``$3,000,000'' in the amount
column and inserting in lieu thereof ``$115,000,000'';
and
(2) in the item relating to Umatilla Army Depot,
Oregon, by striking out ``$12,000,000'' in the amount
column and inserting in lieu thereof ``$186,000,000''.
SEC. 2408. REDUCTION IN AMOUNTS AUTHORIZED TO BE APPROPRIATED FOR
FISCAL YEAR 1994 CONTINGENCY CONSTRUCTION PROJECTS.
Section 2403(a) of the Military Construction Authorization
Act for Fiscal Year 1994 (division B of Public Law 103-160; 107
Stat. 1876) is amended--
(1) in the matter preceding paragraph (1), by
striking out ``$3,268,394,000'' and inserting in lieu
thereof ``$3,260,263,000''; and
(2) in paragraph (10), by striking out
``$12,200,000'' and inserting in lieu thereof
``$4,069,000''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Infrastructure program as
provided in section 2806 of title 10, United States Code, in an
amount not to exceed the sum of the amount authorized to be
appropriated for this purpose in section 2502 and the amount
collected from the North Atlantic Treaty Organization as a
result of construction previously financed by the United
States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 1995, for contributions by
the Secretary of Defense under section 2806 of title 10, United
States Code, for the share of the United States of the cost of
projects for the North Atlantic Treaty Organization
Infrastructure program, as authorized by section 2501, in the
amount of $161,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years
beginning after September 30, 1995, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 133 of title 10,
United States Code (including the cost of acquisition of land
for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the
United States, $134,802,000; and
(B) for the Army Reserve, $73,516,000.
(2) For the Department of the Navy, for the Naval
and Marine Corps Reserve, $19,055,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the
United States, $170,917,000; and
(B) for the Air Force Reserve, $36,232,000.
SEC. 2602. REDUCTION IN AMOUNT AUTHORIZED TO BE APPROPRIATED FOR FISCAL
YEAR 1994 AIR NATIONAL GUARD PROJECTS.
Section 2601(3)(A) of the Military Construction
Authorization Act for Fiscal Year 1994 (division B of Public
Law 103-160; 107 Stat. 1878) is amended by striking out
``$236,341,000'' and inserting in lieu thereof
``$229,641,000''.
SEC. 2603. CORRECTION IN AUTHORIZED USES OF FUNDS FOR ARMY NATIONAL
GUARD PROJECTS IN MISSISSIPPI.
(a) In General.--Subject to subsection (b), amounts
appropriated pursuant to the authorization of appropriations in
section 2601(1)(A) of the Military Construction Authorization
Act for Fiscal Year 1994 (division B of Public Law 103-160; 107
Stat. 1878) for the addition or alteration of Army National
Guard Armories at various locations in the State of Mississippi
shall be available for the addition, alteration, or new
construction of armory facilities and an operation and
maintenance shop facility (including the acquisition of land
for such facilities) at various locations in the State of
Mississippi.
(b) Notice and Wait.--The amounts referred to in subsection
(a) shall not be available for construction with respect to a
facility referred to in that subsection until 21 days after the
date on which the Secretary of the Army submits to Congress a
report describing the construction (including any land
acquisition) to be carried out with respect to the facility.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained in
titles XXI through XXVI for military construction projects,
land acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Infrastructure program (and authorizations of appropriations
therefor) shall expire on the later of--
(1) October 1, 1998; or
(2) the date of the enactment of an Act authorizing
funds for military construction for fiscal year 1999.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Infrastructure program (and authorizations of appropriations
therefor), for which appropriated funds have been obligated
before the later of--
(1) October 1, 1998; or
(2) the date of the enactment of an Act authorizing
funds for fiscal year 1999 for military construction
projects, land acquisition, family housing projects and
facilities, or contributions to the North Atlantic
Treaty Organization Infrastructure program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1993
PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1993
(division B of Public Law 102-484; 106 Stat. 2602),
authorizations for the projects set forth in the tables in
subsection (b), as provided in section 2101, 2301, or 2601 of
that Act or in section 2201 of that Act (as amended by section
2206 of this Act), shall remain in effect until October 1,
1996, or the date of the enactment of an Act authorizing funds
for military construction for fiscal year 1997, whichever is
later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Army: Extension of 1993 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Arkansas................................ Pine Bluff Arsenal........ Ammunition
Demilitarization Support
Facility................. $15,000,000
Hawaii.................................. Schofield Barracks........ Add/Alter Sewage Treatment
Plant.................... $17,500,000
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1993 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Camp Pendleton Marine
Corps Base............... Sewage Treatment Plant
Modifications............ $19,740,000
Maryland................................ Patuxent River Naval
Warfare Center........... Large Anechoic Chamber,
Phase I.................. $60,990,000
Mississippi............................. Meridian Naval Air Station Child Development Center.. $1,100,000
Virginia................................ Hampton Roads............. Land Acquisition.......... $4,500,000
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1993 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Arkansas................................ Little Rock Air Force Base Fire Training Facility.... $710,000
District of Columbia.................... Bolling Air Force Base.... Civil Engineer Complex.... $9,400,000
Mississippi............................. Keesler Air Force Base.... Alter Student Dormitory... $3,100,000
North Carolina.......................... Pope Air Force Base....... Construct Bridge Road and
Utilities................ $4,000,000
Pope Air Force Base....... Munitions Storage Complex. $4,300,000
Virginia................................ Langley Air Force Base.... Base Engineer Complex..... $5,300,000
Guam.................................... Andersen Air Base......... Landfill.................. $10,000,000
Portugal................................ Lajes Field............... Water Wells............... $865,000
Lajes Field............... Fire Training Facility.... $950,000
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1993 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alabama................................. Tuscaloosa................ Armory.................... $2,273,000
Union Springs............. Armory.................... $813,000
Oregon.................................. La Grande................. Organizational Maintenance
Shop..................... $1,220,000
La Grande................. Armory Addition........... $3,049,000
Pennsylvania............................ Indiana................... Armory.................... $1,700,000
Rhode Island............................ North Kingston............ Add/Alter Armory.......... $3,330,000
----------------------------------------------------------------------------------------------------------------
Army Reserve: Extension of 1993 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
West Virginia........................... Bluefield................. United States Army Reserve
Center................... $1,921,000
Clarksburg................ United States Army Reserve
Center................... $1,566,000
Grantville................ United States Army Reserve
Center................... $2,785,000
Lewisburg................. United States Army Reserve
Center................... $1,631,000
Weirton................... United States Army Reserve
Center................... $3,481,000
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1992
PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1992
(division B of Public Law 102-190; 105 Stat. 1535),
authorizations for the projects set forth in the tables in
subsection (b), as provided in section 2101 or 2601 of that
Act, and extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337; 108 Stat. 3047), shall remain in effect until
October 1, 1996, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
1997, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Army: Extension of 1992 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Oregon.................................. Umatilla Army Depot....... Ammunition
Demilitarization Support
Facility................. $3,600,000
Umatilla Army Depot....... Ammunition
Demilitarization
Utilities................ $7,500,000
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1992 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Ohio.................................... Toledo.................... Armory.................... $3,183,000
----------------------------------------------------------------------------------------------------------------
Army Reserve: Extension of 1992 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Tennessee............................... Jackson................... Joint Training Facility... $1,537,000
----------------------------------------------------------------------------------------------------------------
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Housing Privatization Initiative
SEC. 2801. ALTERNATIVE AUTHORITY FOR CONSTRUCTION AND IMPROVEMENT OF
MILITARY HOUSING.
(a) Alternative Authority To Construct and Improve Military
Housing.--(1) Chapter 169 of title 10, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER IV--ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT
OF MILITARY HOUSING
``Sec.
``2871. Definitions.
``2872. General authority.
``2873. Direct loans and loan guarantees.
``2874. Leasing of housing to be constructed.
``2875. Investments in nongovernmental entities.
``2876. Rental guarantees.
``2877. Differential lease payments.
``2878. Conveyance or lease of existing property and facilities.
``2879. Interim leases.
``2880. Unit size and type.
``2881. Ancillary supporting facilities.
``2882. Assignment of members of the armed forces to housing units.
``2883. Department of Defense Housing Funds.
``2884. Reports.
``2885. Expiration of authority.
``Sec. 2871. Definitions
``In this subchapter:
``(1) The term `ancillary supporting facilities'
means facilities related to military housing units,
including child care centers, day care centers, tot
lots, community centers, housing offices, dining
facilities, unit offices, and other similar facilities
for the support of military housing.
``(2) The term `base closure law' means the
following:
``(A) Section 2687 of this title.
``(B) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note).
``(C) The Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note).
``(3) The term `construction' means the
construction of military housing units and ancillary
supporting facilities or the improvement or
rehabilitation of existing units or ancillary
supporting facilities.
``(4) The term `contract' includes any contract,
lease, or other agreement entered into under the
authority of this subchapter.
``(5) The term `Fund' means the Department of
Defense Family Housing Improvement Fund or the
Department of Defense Military Unaccompanied Housing
Improvement Fund established under section 2883(a) of
this title.
``(6) The term `military unaccompanied housing'
means military housing intended to be occupied by
members of the armed forces serving a tour of duty
unaccompanied by dependents.
``(7) The term `United States' includes the
Commonwealth of Puerto Rico.
``Sec. 2872. General authority
``In addition to any other authority provided under this
chapter for the acquisition or construction of military family
housing or military unaccompanied housing, the Secretary
concerned may exercise any authority or any combination of
authorities provided under this subchapter in order to provide
for the acquisition or construction by private persons of the
following:
``(1) Family housing units on or near military
installations within the United States and its
territories and possessions.
``(2) Military unaccompanied housing units on or
near such military installations.
``Sec. 2873. Direct loans and loan guarantees
``(a) Direct Loans.--(1) Subject to subsection (c), the
Secretary concerned may make direct loans to persons in the
private sector in order to provide funds to such persons for
the acquisition or construction of housing units that the
Secretary determines are suitable for use as military family
housing or as military unaccompanied housing.
``(2) The Secretary concerned shall establish such terms
and conditions with respect to loans made under this subsection
as the Secretary considers appropriate to protect the interests
of the United States, including the period and frequency for
repayment of such loans and the obligations of the obligors on
such loans upon default.
``(b) Loan Guarantees.--(1) Subject to subsection (c), the
Secretary concerned may guarantee a loan made to any person in
the private sector if the proceeds of the loan are to be used
by the person to acquire, or construct housing units that the
Secretary determines are suitable for use as military family
housing or as military unaccompanied housing.
``(2) The amount of a guarantee on a loan that may be
provided under paragraph (1) may not exceed the amount equal to
the lesser of--
``(A) the amount equal to 80 percent of the value
of the project; or
``(B) the amount of the outstanding principal of
the loan.
``(3) The Secretary concerned shall establish such terms
and conditions with respect to guarantees of loans under this
subsection as the Secretary considers appropriate to protect
the interests of the United States, including the rights and
obligations of obligors of such loans and the rights and
obligations of the United States with respect to such
guarantees.
``(c) Limitation on Direct Loan and Guarantee Authority.--
Direct loans and loan guarantees may be made under this section
only to the extent that appropriations of budget authority to
cover their cost (as defined in section 502(5) of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a(5)) are made in
advance, or authority is otherwise provided in appropriation
Acts. If such appropriation or other authority is provided,
there may be established a financing account (as defined in
section 502(7) of such Act (2 U.S.C. 661a(7)), which shall be
available for the disbursement of direct loans or payment of
claims for payment on loan guarantees under this section and
for all other cash flows to and from the Government as a result
of direct loans and guarantees made under this section.
``Sec. 2874. Leasing of housing to be constructed
``(a) Build and Lease Authorized.--The Secretary concerned
may enter into contracts for the lease of military family
housing units or military unaccompanied housing units to be
constructed under this subchapter.
``(b) Lease Terms.--A contract under this section may be
for any period that the Secretary concerned determines
appropriate and may provide for the owner of the leased
property to operate and maintain the property.
``Sec. 2875. Investments in nongovernmental entities
``(a) Investments Authorized.--The Secretary concerned may
make investments in nongovernmental entities carrying out
projects for the acquisition or construction of housing units
suitable for use as military family housing or as military
unaccompanied housing.
``(b) Forms of Investment.--An investment under this
section may take the form of an acquisition of a limited
partnership interest by the United States, a purchase of stock
or other equity instruments by the United States, a purchase of
bonds or other debt instruments by the United States, or any
combination of such forms of investment.
``(c) Limitation on Value of Investment.--(1) The cash
amount of an investment under this section in a nongovernmental
entity may not exceed an amount equal to 33\1/3\ percent of the
capital cost (as determined by the Secretary concerned) of the
project or projects that the entity proposes to carry out under
this section with the investment.
``(2) If the Secretary concerned conveys land or facilities
to a nongovernmental entity as all or part of an investment in
the entity under this section, the total value of the
investment by the Secretary under this section may not exceed
an amount equal to 45 percent of the capital cost (as
determined by the Secretary) of the project or projects that
the entity proposes to carry out under this section with the
investment.
``(3) In this subsection, the term `capital cost', with
respect to a project for the acquisition or construction of
housing, means the total amount of the costs included in the
basis of the housing for Federal income tax purposes.
``(d) Collateral Incentive Agreements.--The Secretary
concerned shall enter into collateral incentive agreements with
nongovernmental entities in which the Secretary makes an
investment under this section to ensure that a suitable
preference will be afforded members of the armed forces and
their dependents in the lease or purchase, as the case may be,
of a reasonable number of the housing units covered by the
investment.
``Sec. 2876. Rental guarantees
``The Secretary concerned may enter into agreements with
private persons that acquire or construct military family
housing units or military unaccompanied housing units under
this subchapter in order to assure--
``(1) the occupancy of such units at levels
specified in the agreements; or
``(2) rental income derived from rental of such
units at levels specified in the agreements.
``Sec. 2877. Differential lease payments
``Pursuant to an agreement entered into by the Secretary
concerned and a private lessor of military family housing or
military unaccompanied housing to members of the armed forces,
the Secretary may pay the lessor an amount in addition to the
rental payments for the housing made by the members as the
Secretary determines appropriate to encourage the lessor to
make the housing available to members of the armed forces as
military family housing or as military unaccompanied housing.
``Sec. 2878. Conveyance or lease of existing property and facilities
``(a) Conveyance or Lease Authorized.--The Secretary
concerned may convey or lease property or facilities (including
ancillary supporting facilities) to private persons for
purposes of using the proceeds of such conveyance or lease to
carry out activities under this subchapter.
``(b) Inapplicability to Property at Installation Approved
for Closure.--The authority of this section does not apply to
property or facilities located on or near a military
installation approved for closure under a base closure law.
``(c) Terms and Conditions.--(1) The conveyance or lease of
property or facilities under this section shall be for such
consideration and upon such terms and conditions as the
Secretary concerned considers appropriate for the purposes of
this subchapter and to protect the interests of the United
States.
``(2) As part or all of the consideration for a conveyance
or lease under this section, the purchaser or lessor (as the
case may be) shall enter into an agreement with the Secretary
to ensure that a suitable preference will be afforded members
of the armed forces and their dependents in the lease or
sublease of a reasonable number of the housing units covered by
the conveyance or lease, as the case may be, or in the lease of
other suitable housing units made available by the purchaser or
lessee.
``(d) Inapplicability of Certain Property Management
Laws.--The conveyance or lease of property or facilities under
this section shall not be subject to the following provisions
of law:
``(1) Section 2667 of this title.
``(2) The Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.).
``(3) Section 321 of the Act of June 30, 1932
(commonly known as the Economy Act) (40 U.S.C. 303b).
``(4) Section 501 of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11401).
``Sec. 2879. Interim leases
``Pending completion of a project to acquire or construct
military family housing units or military unaccompanied housing
units under this subchapter, the Secretary concerned may
provide for the interim lease of such units of the project as
are complete. The term of a lease under this section may not
extend beyond the date of the completion of the project
concerned.
``Sec. 2880. Unit size and type
``(a) Conformity with Similar Housing Units in Locale.--The
Secretary concerned shall ensure that the room patterns and
floor areas of military family housing units and military
unaccompanied housing units acquired or constructed under this
subchapter are generally comparable to the room patterns and
floor areas of similar housing units in the locality concerned.
``(b) Inapplicability of Limitations on Space by Pay
Grade.--(1) Section 2826 of this title shall not apply to
military family housing units acquired or constructed under
this subchapter.
``(2) The regulations prescribed under section 2856 of this
title shall not apply to any military unaccompanied housing
unit acquired or constructed under this subchapter unless the
unit is located on a military installation.
``Sec. 2881. Ancillary supporting facilities
``Any project for the acquisition or construction of
military family housing units or military unaccompanied housing
units under this subchapter may include the acquisition or
construction of ancillary supporting facilities for the housing
units concerned.
``Sec. 2882. Assignment of members of the armed forces to housing units
``(a) In General.--The Secretary concerned may assign
members of the armed forces to housing units acquired or
constructed under this subchapter.
``(b) Effect of Certain Assignments on Entitlement to
Housing Allowances.--(1) Except as provided in paragraph (2),
housing referred to in subsection (a) shall be considered as
quarters of the United States or a housing facility under the
jurisdiction of a uniformed service for purposes of section
403(b) of title 37.
``(2) A member of the armed forces who is assigned in
accordance with subsection (a) to a housing unit not owned or
leased by the United States shall be entitled to a basic
allowance for quarters under section 403 of title 37 and, if in
a high housing cost area, a variable housing allowance under
section 403a of that title.
``(c) Lease Payments Through Pay Allotments.--The Secretary
concerned may require members of the armed forces who lease
housing in housing units acquired or constructed under this
subchapter to make lease payments for such housing pursuant to
allotments of the pay of such members under section 701 of
title 37.
``Sec. 2883. Department of Defense Housing Funds
``(a) Establishment.--There are hereby established on the
books of the Treasury the following accounts:
``(1) The Department of Defense Family Housing
Improvement Fund.
``(2) The Department of Defense Military
Unaccompanied Housing Improvement Fund.
``(b) Commingling of Funds Prohibited.--(1) The Secretary
of Defense shall administer each Fund separately.
``(2) Amounts in the Department of Defense Family Housing
Improvement Fund may be used only to carry out activities under
this subchapter with respect to military family housing.
``(3) Amounts in the Department of Defense Military
Unaccompanied Housing Improvement Fund may be used only to
carry out activities under this subchapter with respect to
military unaccompanied housing.
``(c) Credits to Funds.--(1) There shall be credited to the
Department of Defense Family Housing Improvement Fund the
following:
``(A) Amounts authorized for and appropriated to
that Fund.
``(B) Subject to subsection (f), any amounts that
the Secretary of Defense transfers, in such amounts as
provided in appropriation Acts, to that Fund from
amounts authorized and appropriated to the Department
of Defense for the acquisition or construction of
military family housing.
``(C) Proceeds from the conveyance or lease of
property or facilities under section 2878 of this title
for the purpose of carrying out activities under this
subchapter with respect to military family housing.
``(D) Income derived from any activities under this
subchapter with respect to military family housing,
including interest on loans made under section 2873 of
this title, income and gains realized from investments
under section 2875 of this title, and any return of
capital invested as part of such investments.
``(2) There shall be credited to the Department of Defense
Military Unaccompanied Housing Improvement Fund the following:
``(A) Amounts authorized for and appropriated to
that Fund.
``(B) Subject to subsection (f), any amounts that
the Secretary of Defense transfers, in such amounts as
provided in appropriation Acts, to that Fund from
amounts authorized and appropriated to the Department
of Defense for the acquisition or construction of
military unaccompanied housing.
``(C) Proceeds from the conveyance or lease of
property or facilities under section 2878 of this title
for the purpose of carrying out activities under this
subchapter with respect to military unaccompanied
housing.
``(D) Income derived from any activities under this
subchapter with respect to military unaccompanied
housing, including interest on loans made under section
2873 of this title, income and gains realized from
investments under section 2875 of this title, and any
return of capital invested as part of such investments.
``(d) Use of Amounts in Funds.--(1) In such amounts as
provided in appropriation Acts and except as provided in
subsection (e), the Secretary of Defense may use amounts in the
Department of Defense Family Housing Improvement Fund to carry
out activities under this subchapter with respect to military
family housing, including activities required in connection
with the planning, execution, and administration of contracts
entered into under the authority of this subchapter.
``(2) In such amounts as provided in appropriation Acts and
except as provided in subsection (e), the Secretary of Defense
may use amounts in the Department of Defense Military
Unaccompanied Housing Improvement Fund to carry out activities
under this subchapter with respect to military unaccompanied
housing, including activities required in connection with the
planning, execution, and administration of contracts entered
into under the authority of this subchapter.
``(3) Amounts made available under this subsection shall
remain available until expended. The Secretary of Defense may
transfer amounts made available under this subsection to the
Secretaries of the military departments to permit such
Secretaries to carry out the activities for which such amounts
may be used.
``(e) Limitation on Obligations.--The Secretary may not
incur an obligation under a contract or other agreement entered
into under this subchapter in excess of the unobligated
balance, at the time the contract is entered into, of the Fund
required to be used to satisfy the obligation.
``(f) Notification Required for Transfers.--A transfer of
appropriated amounts to a Fund under paragraph (1)(B) or (2)(B)
of subsection (c) may be made only after the end of the 30-day
period beginning on the date the Secretary of Defense submits
written notice of, and justification for, the transfer to the
appropriate committees of Congress.
``(g) Limitation on Amount of Budget Authority.--The total
value in budget authority of all contracts and investments
undertaken using the authorities provided in this subchapter
shall not exceed--
``(1) $850,000,000 for the acquisition or
construction of military family housing; and
``(2) $150,000,000 for the acquisition or
construction of military unaccompanied housing.
``Sec. 2884. Reports
``(a) Project Reports.--(1) The Secretary of Defense shall
transmit to the appropriate committees of Congress a report
describing--
(A) each contract for the acquisition or
construction of family housing units or unaccompanied
housing units that the Secretary proposes to solicit
under this subchapter; and
(B) each conveyance or lease proposed under section
2878 of this title.
(2) The report shall describe the proposed contract,
conveyance, or lease and the intended method of participation
of the United States in the contract, conveyance, or lease and
provide a justification of such method of participation. The
report shall be submitted not later than 30 days before the
date on which the Secretary issues the contract solicitation or
offers the conveyance or lease.
``(b) Annual Reports.--The Secretary of Defense shall
include each year in the materials that the Secretary submits
to Congress in support of the budget submitted by the President
pursuant to section 1105 of title 31 the following:
``(1) A report on the expenditures and receipts
during the preceding fiscal year covering the Funds
established under section 2883 of this title.
``(2) A methodology for evaluating the extent and
effectiveness of the use of the authorities under this
subchapter during such preceding fiscal year.
``(3) A description of the objectives of the
Department of Defense for providing military family
housing and military unaccompanied housing for members
of the armed forces.
``Sec. 2885. Expiration of authority
``The authority to enter into a contract under this
subchapter shall expire five years after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 1996.''.
(2) The table of subchapters at the beginning of such
chapter is amended by inserting after the item relating to
subchapter III the following new item:
``IV. Alternative Authority for Acquisition and Improvement of
Military Housing...................................2871''.
(b) Final Report.--Not later than March 1, 2000, the
Secretary of Defense shall submit to the congressional defense
committees a report on the use by the Secretary of Defense and
the Secretaries of the military departments of the authorities
provided by subchapter IV of chapter 169 of title 10, United
States Code, as added by subsection (a). The report shall
assess the effectiveness of such authority in providing for the
construction and improvement of military family housing and
military unaccompanied housing.
SEC. 2802. EXPANSION OF AUTHORITY FOR LIMITED PARTNERSHIPS FOR
DEVELOPMENT OF MILITARY FAMILY HOUSING.
(a) Participation of Other Military Departments.--(1)
Subsection (a)(1) of section 2837 of title 10, United States
Code, is amended by striking out ``of the naval service'' and
inserting in lieu thereof ``of the armed forces''.
(2) Subsection (b)(1) of such section is amended by
striking out ``of the naval service'' and inserting in lieu
thereof ``of the armed forces''.
(b) Administration.--(1) Subsection (a)(1) of such section
is further amended by striking out ``the Secretary of the
Navy'' in the first sentence and inserting in lieu thereof
``the Secretary of a military department''.
(2) Subsections (a)(2), (b), (c), (g), and (h) of such
section are amended by striking out ``Secretary'' each place it
appears and inserting in lieu thereof ``Secretary concerned''.
(c) Account.--Subsection (d) of such section is amended to
read as follows:
``(d) Account.--(1) There is hereby established on the
books of the Treasury an account to be known as the `Defense
Housing Investment Account'.
``(2) There shall be deposited into the Account--
``(A) such funds as may be authorized for and
appropriated to the Account;
``(B) any proceeds received by the Secretary
concerned from the repayment of investments or profits
on investments of the Secretary under subsection (a);
and
``(C) any unobligated balances which remain in the
Navy Housing Investment Account as of the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 1996.
``(3) From such amounts as are provided in advance in
appropriation Acts, funds in the Account shall be available to
the Secretaries concerned in amounts determined by the
Secretary of Defense for contracts, investments, and expenses
necessary for the implementation of this section.
``(4) The Secretary concerned may not enter into a contract
in connection with a limited partnership under subsection (a)
or a collateral incentive agreement under subsection (b) unless
a sufficient amount of the unobligated balance of the funds in
the Account is available to the Secretary, as of the time the
contract is entered into, to satisfy the total obligations to
be incurred by the United States under the contract.''.
(d) Termination of Navy Housing Investment Board.--Such
section is further amended--
(1) by striking out subsection (e); and
(2) in subsection (h)--
(A) by striking out ``Authorities'' in the
subsection heading and inserting in lieu
thereof ``Authority'';
(B) by striking out ``(1)''; and
(C) by striking out paragraph (2).
(e) Report.--Subsection (f) of such section is amended--
(1) by striking out ``the Secretary carries out
activities'' and inserting in lieu thereof ``activities
are carried out''; and
(2) by striking out ``the Secretary shall'' and
inserting in lieu thereof ``the Secretaries concerned
shall jointly''.
(f) Extension of Authority.--Subsection (h) of such section
is further amended by striking out ``September 30, 1999'' and
inserting in lieu thereof ``September 30, 2000''.
(g) Conforming Amendment.--Subsection (g) of such section
is further amended by striking out ``Navy'' in the subsection
heading.
Subtitle B--Other Military Construction Program and Military Family
Housing Changes
SEC. 2811. SPECIAL THRESHOLD FOR UNSPECIFIED MINOR CONSTRUCTION
PROJECTS TO CORRECT LIFE, HEALTH, OR SAFETY
DEFICIENCIES.
(a) Special Threshold.--Section 2805 of title 10, United
States Code, is amended--
(1) in subsection (a)(1), by adding at the end the
following new sentence: ``However, if the military
construction project is intended solely to correct a
deficiency that is life-threatening, health-
threatening, or safety-threatening, a minor military
construction project may have an approved cost equal to
or less than $3,000,000.''; and
(2) in subsection (c)(1), by striking out ``not
more than $300,000.'' and inserting in lieu thereof
``not more than--
``(A) $1,000,000, in the case of an unspecified
military construction project intended solely to
correct a deficiency that is life-threatening, health-
threatening, or safety-threatening; or
``(B) $300,000, in the case of any other
unspecified military construction project.''.
(b) Technical Amendment.--Section 2861(b)(6) of such title
is amended by striking out ``section 2805(a)(2)'' and inserting
in lieu thereof ``section 2805(a)(1)''.
SEC. 2812. CLARIFICATION OF SCOPE OF UNSPECIFIED MINOR CONSTRUCTION
AUTHORITY.
Section 2805(a)(1) of title 10, United States Code, as
amended by section 2811 of this Act, is further amended by
striking out ``(1) that is for a single undertaking at a
military installation, and (2)'' in the second sentence.
SEC. 2813. TEMPORARY AUTHORITY TO WAIVE NET FLOOR AREA LIMITATION FOR
FAMILY HOUSING ACQUIRED IN LIEU OF CONSTRUCTION.
Section 2824(c) of title 10, United States Code, is amended
by adding at the end the following new sentence: ``The
Secretary concerned may waive the limitation set forth in the
preceding sentence to family housing units acquired under this
section during the five-year period beginning on the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 1996.''.
SEC. 2814. REESTABLISHMENT OF AUTHORITY TO WAIVE NET FLOOR AREA
LIMITATION ON ACQUISITION BY PURCHASE OF CERTAIN
MILITARY FAMILY HOUSING.
Section 2826(e) of title 10, United States Code, is amended
by striking out the second sentence.
SEC. 2815. TEMPORARY AUTHORITY TO WAIVE LIMITATIONS ON SPACE BY PAY
GRADE FOR MILITARY FAMILY HOUSING UNITS.
Section 2826 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(i)(1) The Secretary concerned may waive the provisions
of subsection (a) with respect to military family housing units
constructed, acquired, or improved during the five-year period
beginning on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1996.
``(2) The total number of military family housing units
constructed, acquired, or improved during any fiscal year in
the period referred to in paragraph (1) shall be the total
number of such units authorized by law for that fiscal year.''.
SEC. 2816. RENTAL OF FAMILY HOUSING IN FOREIGN COUNTRIES.
Section 2828(e) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking out ``300 units'' in the
first sentence and inserting in lieu thereof
``450 units''; and
(B) by striking out ``220 such units'' in
the second sentence and inserting in lieu
thereof ``350 such units''; and
(2) in paragraph (2), by striking out ``300 units''
and inserting in lieu thereof ``450 units''.
SEC. 2817. CLARIFICATION OF SCOPE OF REPORT REQUIREMENT ON COST
INCREASES UNDER CONTRACTS FOR MILITARY FAMILY
HOUSING CONSTRUCTION.
Subsection (d) of section 2853 of title 10, United States
Code, is amended to read as follows:
``(d) The limitation on cost increases in subsection (a)
does not apply to the settlement of a contractor claim under a
contract.''.
SEC. 2818. AUTHORITY TO CONVEY DAMAGED OR DETERIORATED MILITARY FAMILY
HOUSING.
(a) Authority.--(1) Subchapter III of chapter 169 of title
10, United States Code, is amended by inserting after section
2854 the following new section:
``Sec. 2854a. Conveyance of damaged or deteriorated military family
housing; use of proceeds
``(a) Authority To Convey.--(1) The Secretary concerned may
convey any family housing facility that, due to damage or
deterioration, is in a condition that is uneconomical to
repair. Any conveyance of a family housing facility under this
section may include a conveyance of the real property
associated with the facility conveyed.
``(2) The authority of this section does not apply to
family housing facilities located at military installations
approved for closure under a base closure law or family housing
facilities located at installation outside the United States at
which the Secretary of Defense terminates operations.
``(3) The aggregate total value of the family housing
facilities conveyed by the Department of Defense under the
authority in this subsection in any fiscal year may not exceed
$5,000,000.
``(4) For purposes of this subsection, a family housing
facility is in a condition that is uneconomical to repair if
the cost of the necessary repairs for the facility would exceed
the amount equal to 70 percent of the cost of constructing a
family housing facility to replace such facility.
``(b) Consideration.--(1) As consideration for the
conveyance of a family housing facility under subsection (a),
the person to whom the facility is conveyed shall pay the
United States an amount equal to the fair market value of the
facility conveyed, including any real property conveyed along
with the facility.
``(2) The Secretary concerned shall determine the fair
market value of any family housing facility and associated real
property that is conveyed under subsection (a). Such
determination shall be final.
``(c) Notice and Wait Requirements.--The Secretary
concerned may not enter into an agreement to convey a family
housing facility under this section until--
``(1) the Secretary submits to the appropriate
committees of Congress, in writing, a justification for
the conveyance under the agreement, including--
``(A) an estimate of the consideration to
be provided the United States under the
agreement;
``(B) an estimate of the cost of repairing
the family housing facility to be conveyed; and
``(C) an estimate of the cost of replacing
the family housing facility to be conveyed; and
``(2) a period of 21 calendar days has elapsed
after the date on which the justification is received
by the committees.
``(d) Inapplicability of Certain Property Disposal Laws.--
The following provisions of law do not apply to the conveyance
of a family housing facility under this section:
``(1) The Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.).
``(2) Title V of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11411 et seq.).
``(e) Use of Proceeds.--(1) The proceeds of any conveyance
of a family housing facility under this section shall be
credited to the appropriate fund established under section 2883
of this title and shall be available--
``(A) to construct family housing units to replace
the family housing facility conveyed under this
section, but only to the extent that the number of
units constructed with such proceeds does not exceed
the number of units of military family housing of the
facility conveyed;
``(B) to repair or restore existing military family
housing; and
``(C) to reimburse the Secretary concerned for the
costs incurred by the Secretary in conveying the family
housing facility.
``(2) Notwithstanding section 2883(d) of this title,
proceeds derived from a conveyance of a family housing facility
under this section shall be available under paragraph (1)
without any further appropriation.
``(f) Description of Property.--The exact acreage and legal
description of any family housing facility conveyed under this
section, including any real property associated with such
facility, shall be determined by such means as the Secretary
concerned considers satisfactory, including by survey in the
case of real property.
``(g) Additional Terms and Conditions.--The Secretary
concerned may require such additional terms and conditions in
connection with the conveyance of family housing facilities
under this section as the Secretary considers appropriate to
protect the interests of the United States.''.
(2) The table of sections at the beginning of such
subchapter is amended by inserting after the item relating to
section 2854 the following new item:
``2854a. Conveyance of damaged or deteriorated military family housing;
use of proceeds.''.
(b) Conforming Amendment.--Section 204(h) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
485(h)) is amended--
(1) by redesignating paragraph (4) as paragraph
(5); and
(2) by inserting after paragraph (3) the following
new paragraph (4):
``(4) This subsection does not apply to damaged or
deteriorated military family housing facilities conveyed under
section 2854a of title 10, United States Code.''.
SEC. 2819. ENERGY AND WATER CONSERVATION SAVINGS FOR THE DEPARTMENT OF
DEFENSE.
(a) Inclusion of Water Efficient Maintenance in Energy
Performance Plan.--Paragraph (3) of section 2865(a) of title
10, United States Code, is amended by striking out ``energy
efficient maintenance'' and inserting in lieu thereof ``energy
efficient maintenance or water efficient maintenance''.
(b) Scope of Term.--Paragraph (4) of such section is
amended--
(1) in the matter preceding subparagraph (A), by
striking out `` `energy efficient maintenance' '' and
inserting in lieu thereof `` `energy efficient
maintenance or water efficient maintenance' '';
(2) in subparagraph (A), by striking out ``systems
or industrial processes,'' in the matter preceding
clause (i) and inserting in lieu thereof ``systems,
industrial processes, or water efficiency
applications,''; and
(3) in subparagraph (B), by inserting ``or water
cost savings'' before the period at the end.
SEC. 2820. EXTENSION OF AUTHORITY TO ENTER INTO LEASES OF LAND FOR
SPECIAL OPERATIONS ACTIVITIES.
(a) Extension of Authority.--Subsection (d) of section 2680
of title 10, United States Code, is amended in the first
sentence by striking out ``September 30, 1995'' and inserting
in lieu thereof ``September 30, 2000''.
(b) Reporting Requirement.--Such section is further amended
by adding at the end the following new subsection:
``(e) Reports.--Not later than March 1 of each year, the
Secretary of Defense shall submit to the Committee on the Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report that--
``(1) identifies each leasehold interest acquired
during the previous fiscal year under subsection (a);
and
``(2) contains a discussion of each project for the
construction or modification of facilities carried out
pursuant to subsection (c) during such fiscal year.''.
(c) Conforming Repeal.--Section 2863 of the National
Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 10 U.S.C. 2680 note) is amended by
striking out subsection (b).
SEC. 2821. DISPOSITION OF AMOUNTS RECOVERED AS A RESULT OF DAMAGE TO
REAL PROPERTY.
(a) In General.--Chapter 165 of title 10, United States
Code, is amended by inserting after section 2781 the following
new section:
``Sec. 2782. Damage to real property: disposition of amounts recovered
``Except as provided in section 2775 of this title, amounts
recovered for damage caused to real property under the
jurisdiction of the Secretary of a military department or, with
respect to the Defense Agencies, under the jurisdiction of the
Secretary of Defense shall be credited to the account available
for the repair or replacement of the real property at the time
of recovery. In such amounts as are provided in advance in
appropriation Acts, amounts so credited shall be available for
use for the same purposes and under the same circumstances as
other funds in the account.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2781 the following new item:
``2782. Damage to real property: disposition of amounts recovered.''.
SEC. 2822. PILOT PROGRAM TO PROVIDE INTEREST RATE BUY DOWN AUTHORITY ON
LOANS FOR HOUSING WITHIN HOUSING SHORTAGE AREAS AT
MILITARY INSTALLATIONS.
(a) Short Title.--This section may be cited as the
``Military Housing Assistance Act of 1995''.
(b) Mortgage Assistance Payment Authority of the Secretary
of Veterans Affairs.--(1) Chapter 37 of title 38, United States
Code, is amended by inserting after section 3707 the following:
``Sec. 3708. Authority to buy down interest rates: pilot program
``(a) In order to enable the purchase of housing in areas
where the supply of suitable military housing is inadequate,
the Secretary may conduct a pilot program under which the
Secretary may make periodic or lump sum assistance payments on
behalf of an eligible veteran for the purpose of buying down
the interest rate on a loan to that veteran that is guaranteed
under this chapter for a purpose described in paragraph (1),
(6), or (10) of section 3710(a) of this title.
``(b) An individual is an eligible veteran for the purposes
of this section if--
``(1) the individual is a veteran, as defined in
section 3701(b)(4) of this title;
``(2) the individual submits an application for a
loan guaranteed under this chapter within one year of
an assignment of the individual to duty at a military
installation in the United States designated by the
Secretary of Defense as a housing shortage area;
``(3) at the time the loan referred to in
subsection (a) is made, the individual is an enlisted
member, warrant officer, or an officer (other than a
warrant officer) at a pay grade of O-3 or below;
``(4) the individual has not previously used any of
the individual's entitlement to housing loan benefits
under this chapter; and
``(5) the individual receives comprehensive
prepurchase counseling from the Secretary (or the
designee of the Secretary) before making application
for a loan guaranteed under this chapter.
``(c) Loans with respect to which the Secretary may
exercise the buy down authority under subsection (a) shall--
``(1) provide for a buy down period of not more
than three years in duration;
``(2) specify the maximum and likely amounts of
increases in mortgage payments that the loans would
require; and
``(3) be subject to such other terms and conditions
as the Secretary may prescribe by regulation.
``(d) The Secretary shall promulgate underwriting standards
for loans for which the interest rate assistance payments may
be made under subsection (a). Such standards shall be based on
the interest rate for the second year of the loan.
``(e) The Secretary or lender shall provide comprehensive
prepurchase counseling to eligible veterans explaining the
features of interest rate buy downs under subsection (a),
including a hypothetical payment schedule that displays the
increases in monthly payments to the mortgagor over the first
five years of the mortgage term. For the purposes of this
subsection, the Secretary may assign personnel to military
installations referred to in subsection (b)(2).
``(f) There is authorized to be appropriated $3,000,000
annually to carry out this section.
``(g) The Secretary may not guarantee a loan under this
chapter after September 30, 1998, on which the Secretary is
obligated to make payments under this section.''.
(2) The table of sections at the beginning of chapter 37 of
title 38, United States Code, is amended by inserting after the
item relating to section 3707 to following new item:
``3708. Authority to buy down interest rates: pilot program.''.
(c) Authority of Secretary of Defense.--
(1) Reimbursement for buy down costs.--The
Secretary of Defense shall reimburse the Secretary of
Veterans Affairs for amounts paid by the Secretary of
Veterans Affairs to mortgagees under section 3708 of
title 38, United States Code, as added by subsection
(b).
(2) Designation of housing shortage areas.--For
purposes of section 3708 of title 38, United States
Code, the Secretary of Defense may designate as a
housing shortage area a military installation in the
United States at which the Secretary determines there
is a shortage of suitable housing to meet the military
family needs of members of the Armed Forces and the
dependents of such members.
(3) Report.--Not later than March 30, 1998, the
Secretary shall submit to Congress a report regarding
the effectiveness of the authority provided in section
3708 of title 38, United States Code, in ensuring that
members of the Armed Forces and their dependents have
access to suitable housing. The report shall include
the recommendations of the Secretary regarding whether
the authority provided in this subsection should be
extended beyond the date specified in paragraph (5).
(4) Earmark.--Of the amount provided in section
2405(a)(11)(B), $10,000,000 for fiscal year 1996 shall
be available to carry out this subsection.
(5) Sunset.--This subsection shall not apply with
respect to housing loans guaranteed after September 30,
1998, for which assistance payments are paid under
section 3708 of title 38, United States Code.
Subtitle C--Defense Base Closure and Realignment
SEC. 2831. DEPOSIT OF PROCEEDS FROM LEASES OF PROPERTY LOCATED AT
INSTALLATIONS BEING CLOSED OR REALIGNED.
(a) Exception to Existing Requirements.--Section 2667(d) of
title 10, United States Code, is amended--
(1) in paragraph (1)(A)(ii), by inserting ``or
(5)'' after ``paragraph (4)''; and
(2) by adding at the end the following new
paragraph:
``(5) Money rentals received by the United States from a
lease under subsection (f) shall be deposited into the account
established under section 2906(a) of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note).''.
(b) Corresponding Amendments to Base Closure Laws.--(1)
Section 207(a)(7) of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C.
2687 note) is amended by striking out ``transfer or disposal''
and inserting in lieu thereof ``lease, transfer, or disposal''.
(2) Section 2906(a)(2) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2867 note) is amended--
(A) in subparagraph (C), by striking out ``transfer
or disposal'' and inserting in lieu thereof ``lease,
transfer, or disposal''; and
(B) in subparagraph (D), by striking out ``transfer
or disposal'' and inserting in lieu thereof ``lease,
transfer, or disposal''.
SEC. 2832. IN-KIND CONSIDERATION FOR LEASES AT INSTALLATIONS TO BE
CLOSED OR REALIGNED.
Section 2667(f) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) The Secretary concerned may accept under subsection
(b)(5) services of a lessee for an entire installation to be
closed or realigned under a base closure law, or for any part
of such installation, without regard to the requirement in
subsection (b)(5) that a substantial part of the installation
be leased.''.
SEC. 2833. INTERIM LEASES OF PROPERTY APPROVED FOR CLOSURE OR
REALIGNMENT.
Section 2667(f) of title 10, United States Code, is amended
by adding after paragraph (4), as added by section 2832 of this
Act, the following new paragraph:
``(5)(A) Notwithstanding the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), the scope of any
environmental impact analysis necessary to support an interim
lease of property under this subsection shall be limited to the
environmental consequences of activities authorized under the
proposed lease and the cumulative impacts of other past,
present, and reasonably foreseeable future actions during the
period of the proposed lease.
``(B) Interim leases entered into under this subsection
shall be deemed not to prejudice the final disposal decision
with respect to the property, even if final disposal of the
property is delayed until completion of the term of the interim
lease. An interim lease under this subsection shall not be
entered into without prior consultation with the redevelopment
authority concerned.
``(C) Subparagraphs (A) and (B) shall not apply to an
interim lease under this subsection if authorized activities
under the lease would--
``(i) significantly affect the quality of the human
environment; or
``(ii) irreversibly alter the environment in a way
that would preclude any reasonable disposal alternative
of the property concerned.''.
SEC. 2834. AUTHORITY TO LEASE PROPERTY REQUIRING ENVIRONMENTAL
REMEDIATION AT INSTALLATIONS APPROVED FOR CLOSURE
OR REALIGNMENT.
Section 120(h)(3) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)(3)) is amended in the matter following subparagraph
(C)--
(1) by striking out the first sentence; and
(2) by adding at the end, flush to the paragraph
margin, the following:
``The requirements of subparagraph (B) shall not apply
in any case in which the person or entity to whom the
real property is transferred is a potentially
responsible party with respect to such property. The
requirements of subparagraph (B) shall not apply in any
case in which the transfer of the property occurs or
has occurred by means of a lease, without regard to
whether the lessee has agreed to purchase the property
or whether the duration of the lease is longer than 55
years. In the case of a lease entered into after
September 30, 1995, with respect to real property
located at an installation approved for closure or
realignment under a base closure law, the agency
leasing the property, in consultation with the
Administrator, shall determine before leasing the
property that the property is suitable for lease, that
the uses contemplated for the lease are consistent with
protection of human health and the environment, and
that there are adequate assurances that the United
States will take all remedial action referred to in
subparagraph (B) that has not been taken on the date of
the lease.''.
SEC. 2835. FINAL FUNDING FOR DEFENSE BASE CLOSURE AND REALIGNMENT
COMMISSION.
Section 2902(k) of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) is amended by adding at the end the following
new paragraph:
``(3)(A) The Secretary may transfer not more than $300,000
from unobligated funds in the account referred to in
subparagraph (B) for the purpose of assisting the Commission in
carrying out its duties under this part during October,
November, and December 1995. Funds transferred under the
preceding sentence shall remain available until December 31,
1995.
``(B) The account referred to in subparagraph (A) is the
Department of Defense Base Closure Account established under
section 207(a) of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687
note).''.
SEC. 2836. EXERCISE OF AUTHORITY DELEGATED BY THE ADMINISTRATOR OF
GENERAL SERVICES.
Section 2905(b)(2) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended--
(1) in subparagraph (A)--
(A) by striking out ``Subject to
subparagraph (C)'' in the matter preceding
clause (i) and inserting in lieu thereof
``Subject to subparagraph (B)''; and
(B) by striking out ``in effect on the date
of the enactment of this Act'' each place it
appears in clauses (i) and (ii);
(2) by striking out subparagraphs (B) and (C) and
inserting in lieu thereof the following new
subparagraph (B):
``(B) The Secretary may, with the concurrence of the
Administrator of General Services--
``(i) prescribe general policies and methods for
utilizing excess property and disposing of surplus
property pursuant to the authority delegated under
paragraph (1); and
``(ii) issue regulations relating to such policies
and methods, which shall supersede the regulations
referred to in subparagraph (A) with respect to that
authority.''; and
(3) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively.
SEC. 2837. LEASE BACK OF PROPERTY DISPOSED FROM INSTALLATIONS APPROVED
FOR CLOSURE OR REALIGNMENT.
(a) Authority.--Section 2905(b)(4) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) is amended--
(1) by redesignating subparagraphs (C), (D), and
(E) as subparagraphs (D), (E), and (F), respectively;
and
(2) by inserting after subparagraph (B) the
following new subparagraph (C):
``(C)(i) The Secretary may transfer real property at an
installation approved for closure or realignment under this
part (including property at an installation approved for
realignment which will be retained by the Department of Defense
or another Federal agency after realignment) to the
redevelopment authority for the installation if the
redevelopment authority agrees to lease, directly upon
transfer, one or more portions of the property transferred
under this subparagraph to the Secretary or to the head of
another department or agency of the Federal Government.
Subparagraph (B) shall apply to a transfer under this
subparagraph.
``(ii) A lease under clause (i) shall be for a term of not
to exceed 50 years, but may provide for options for renewal or
extension of the term by the department or agency concerned.
``(iii) A lease under clause (i) may not require rental
payments by the United States.
``(iv) A lease under clause (i) shall include a provision
specifying that if the department or agency concerned ceases
requiring the use of the leased property before the expiration
of the term of the lease, the remainder of the lease term may
be satisfied by the same or another department or agency of the
Federal Government using the property for a use similar to the
use under the lease. Exercise of the authority provided by this
clause shall be made in consultation with the redevelopment
authority concerned.''.
(b) Use of Funds To Improve Leased Property.--
Notwithstanding any other provision of law, a department or
agency of the Federal Government that enters into a lease of
property under section 2905(b)(4)(C) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note), as amended by
subsection (a), may improve the leased property using funds
appropriated or otherwise available to the department or agency
for such purpose.
SEC. 2838. IMPROVEMENT OF BASE CLOSURE AND REALIGNMENT PROCESS
REGARDING DISPOSAL OF PROPERTY
(a) Applicability.--Subparagraph (A) of section 2905(b)(7)
of the Defense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is
amended to read as follows:
``(A) The disposal of buildings and property located at
installations approved for closure or realignment under this
part after October 25, 1994, shall be carried out in accordance
with this paragraph rather than paragraph (6).''.
(b) Agreements Under Redevelopment Plans.--Subparagraph
(F)(ii)(I) of such section is amended in the second sentence by
striking out ``the approval of the redevelopment plan by the
Secretary of Housing and Urban Development under subparagraph
(H) or (J)'' and inserting in lieu thereof ``the decision
regarding the disposal of the buildings and property covered by
the agreements by the Secretary of Defense under subparagraph
(K) or (L)''.
(c) Revision of Redevelopment Plans.--Subparagraph (I) of
such section is amended--
(1) in clause (i)(II), by inserting ``the Secretary
of Defense and'' before ``the Secretary of Housing and
Urban Development''; and
(2) in clause (ii), by striking out ``the Secretary
of Housing and Urban Development'' and inserting in
lieu thereof ``such Secretaries''.
(d) Disposal of Buildings and Property.--(1) Subparagraph
(K) of such section is amended to read as follows:
``(K)(i) Upon receipt of a notice under subparagraph
(H)(iv) or (J)(ii) of the determination of the Secretary of
Housing and Urban Development that a redevelopment plan for an
installation meets the requirements set forth in subparagraph
(H)(i), the Secretary of Defense shall dispose of the buildings
and property at the installation.
``(ii) For purposes of carrying out an environmental
assessment of the closure or realignment of an installation,
the Secretary of Defense shall treat the redevelopment plan for
the installation (including the aspects of the plan providing
for disposal to State or local governments, representatives of
the homeless, and other interested parties) as part of the
proposed Federal action for the installation.
``(iii) The Secretary of Defense shall dispose of buildings
and property under clause (i) in accordance with the record of
decision or other decision document prepared by the Secretary
in accordance with the National Environmental Policy Act of
1969 (42 U.S.C. 4331 et seq.). In preparing the record of
decision or other decision document, the Secretary shall give
substantial deference to the redevelopment plan concerned.
``(iv) The disposal under clause (i) of buildings and
property to assist the homeless shall be without consideration.
``(v) In the case of a request for a conveyance under
clause (i) of buildings and property for public benefit under
section 203(k) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484(k)) or sections 47151
through 47153 of title 49, United States Code, the sponsoring
Federal agency shall use the eligibility criteria set forth in
such section or such subchapter (as the case may be) to
determine the eligibility of the applicant and use proposed in
the request for the public benefit conveyance. The
determination of such eligibility should be made before
submission of the redevelopment plan concerned under
subparagraph (G).''.
(2) Subparagraph (L) of such section is amended by striking
out clauses (iii) and (iv) and inserting in lieu thereof the
following new clauses (iii) and (iv):
``(iii) Not later than 90 days after the date of the
receipt of a revised plan for an installation under
subparagraph (J), the Secretary of Housing and Urban
Development shall--
``(I) notify the Secretary of Defense and the
redevelopment authority concerned of the buildings and
property at an installation under clause (i)(IV) that
the Secretary of Housing and Urban Development
determines are suitable for use to assist the homeless;
and
``(II) notify the Secretary of Defense of the
extent to which the revised plan meets the criteria set
forth in subparagraph (H)(i).
``(iv)(I) Upon notice from the Secretary of Housing and
Urban Development with respect to an installation under clause
(iii), the Secretary of Defense shall dispose of buildings and
property at the installation in consultation with the Secretary
of Housing and Urban Development and the redevelopment
authority concerned.
``(II) For purposes of carrying out an environmental
assessment of the closure or realignment of an installation,
the Secretary of Defense shall treat the redevelopment plan
submitted by the redevelopment authority for the installation
(including the aspects of the plan providing for disposal to
State or local governments, representatives of the homeless,
and other interested parties) as part of the proposed Federal
action for the installation. The Secretary of Defense shall
incorporate the notification of the Secretary of Housing and
Urban Development under clause (iii)(I) as part of the proposed
Federal action for the installation only to the extent, if any,
that the Secretary of Defense considers such incorporation to
be appropriate and consistent with the best and highest use of
the installation as a whole, taking into consideration the
redevelopment plan submitted by the redevelopment authority.
``(III) The Secretary of Defense shall dispose of buildings
and property under subclause (I) in accordance with the record
of decision or other decision document prepared by the
Secretary in accordance with the National Environmental Policy
Act of 1969 (42 U.S.C. 4331 et seq.). In preparing the record
of decision or other decision document, the Secretary shall
give deference to the redevelopment plan submitted by the
redevelopment authority for the installation.
``(IV) The disposal under subclause (I) of buildings and
property to assist the homeless shall be without consideration.
``(V) In the case of a request for a conveyance under
subclause (I) of buildings and property for public benefit
under section 203(k) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484(k)) or sections 47151
through 47153 of title 49, United States Code, the sponsoring
Federal agency shall use the eligibility criteria set forth in
such section or such subchapter (as the case may be) to
determine the eligibility of the applicant and use proposed in
the request for the public benefit conveyance. The
determination of such eligibility should be made before
submission of the redevelopment plan concerned under
subparagraph (G).''.
(e) Conforming Amendment.--Subparagraph (M)(i) of such
section is amended by inserting ``or (L)'' after ``subparagraph
(K)''.
(f) Clarification of Participants In Process.--Such section
is further amended by adding at the end the following new
subparagraph:
``(P) For purposes of this paragraph, the term `other
interested parties', in the case of an installation, includes
any parties eligible for the conveyance of property of the
installation under section 203(k) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484(k)) or
sections 47151 through 47153 of title 49, United States Code,
whether or not the parties assist the homeless.''.
SEC. 2839. AGREEMENTS FOR CERTAIN SERVICES AT INSTALLATIONS BEING
CLOSED.
(a) 1988 Law.--Section 204(b)(8) of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note) is amended by
striking out subparagraph (A) and inserting in lieu thereof the
following new subparagraph:
``(A) Subject to subparagraph (C), the Secretary may enter
into agreements (including contracts, cooperative agreements,
or other arrangements for reimbursement) with local governments
for the provision of police or security services, fire
protection services, airfield operation services, or other
community services by such governments at military
installations to be closed under this title if the Secretary
determines that the provision of such services under such
agreements is in the best interests of the Department of
Defense.''.
(b) 1990 Law.--Section 2905(b)(8) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2867 note) is amended by striking
out subparagraph (A) and inserting in lieu thereof the
following new subparagraph:
``(A) Subject to subparagraph (C), the Secretary may enter
into agreements (including contracts, cooperative agreements,
or other arrangements for reimbursement) with local governments
for the provision of police or security services, fire
protection services, airfield operation services, or other
community services by such governments at military
installations to be closed under this part if the Secretary
determines that the provision of such services under such
agreements is in the best interests of the Department of
Defense.''.
SEC. 2840. AUTHORITY TO TRANSFER PROPERTY AT MILITARY INSTALLATIONS TO
BE CLOSED TO PERSONS WHO CONSTRUCT OR PROVIDE
MILITARY FAMILY HOUSING.
(a) 1988 Law.--Section 204 of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law
100-526; 10 U.S.C. 2687 note) is amended by adding at the end
the following new subsection:
``(e) Transfer Authority in Connection With Construction or
Provision of Military Family Housing.--(1) Subject to paragraph
(2), the Secretary may enter into an agreement to transfer by
deed real property or facilities located at or near an
installation closed or to be closed under this title with any
person who agrees, in exchange for the real property or
facilities, to transfer to the Secretary housing units that are
constructed or provided by the person and located at or near a
military installation at which there is a shortage of suitable
housing to meet the requirements of members of the Armed Forces
and their dependents. The Secretary may not select real
property for transfer under this paragraph if the property is
identified in the redevelopment plan for the installation as
items essential to the reuse or redevelopment of the
installation.
``(2) A transfer of real property or facilities may be made
under paragraph (1) only if--
``(A) the fair market value of the housing units to
be received by the Secretary in exchange for the
property or facilities to be transferred is equal to or
greater than the fair market value of such property or
facilities, as determined by the Secretary; or
``(B) in the event the fair market value of the
housing units is less than the fair market value of
property or facilities to be transferred, the recipient
of the property or facilities agrees to pay to the
Secretary the amount equal to the excess of the fair
market value of the property or facilities over the
fair market value of the housing units.
``(3) Notwithstanding section 207(a)(7), the Secretary may
deposit funds received under paragraph (2)(B) in the Department
of Defense Family Housing Improvement Fund established under
section 2873(a) of title 10, United States Code.
``(4) The Secretary shall submit to the appropriate
committees of Congress a report describing each agreement
proposed to be entered into under paragraph (1), including the
consideration to be received by the United States under the
agreement. The Secretary may not enter into the agreement until
the end of the 21-day period beginning on the date the
appropriate committees of Congress receive the report regarding
the agreement.
``(5) The Secretary may require any additional terms and
conditions in connection with an agreement authorized by this
subsection as the Secretary considers appropriate to protect
the interests of the United States.''.
(b) 1990 Law.--Section 2905 of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended by adding at the end
the following new subsection:
``(f) Transfer Authority in Connection With Construction or
Provision of Military Family Housing.--(1) Subject to paragraph
(2), the Secretary may enter into an agreement to transfer by
deed real property or facilities located at or near an
installation closed or to be closed under this part with any
person who agrees, in exchange for the real property or
facilities, to transfer to the Secretary housing units that are
constructed or provided by the person and located at or near a
military installation at which there is a shortage of suitable
housing to meet the requirements of members of the Armed Forces
and their dependents. The Secretary may not select real
property for transfer under this paragraph if the property is
identified in the redevelopment plan for the installation as
property essential to the reuse or redevelopment of the
installation.
``(2) A transfer of real property or facilities may be made
under paragraph (1) only if--
``(A) the fair market value of the housing units to
be received by the Secretary in exchange for the
property or facilities to be transferred is equal to or
greater than the fair market value of such property or
facilities, as determined by the Secretary; or
``(B) in the event the fair market value of the
housing units is less than the fiar market value of
property or facilities to be transferred, the recipient
of the property or facilities agrees to pay to the
Secretary the amount equal to the excess of the fair
market value of the property or facilities over the
fair market value of the housing units.
``(3) Notwithstanding paragraph (2) of section 2906(a), the
Secretary may deposit funds received under paragraph (2)(B) in
the Department of Defense Family Housing Improvement Fund
established under section 2873(a) of title 10, United States
Code.
``(4) The Secretary shall submit to the congressional
defense committees a report describing each agreement proposed
to be entered into under paragraph (1), including the
consideration to be received by the United States under the
agreement. The Secretary may not enter into the agreement until
the end of the 30-day period beginning on the date the
congressional defense committees receive the report regarding
the agreement.
``(5) The Secretary may require any additional terms and
conditions in connection with an agreement authorized by this
subsection as the Secretary considers appropriate to protect
the interests of the United States.''.
(c) Regulations.--Not later than nine months after the date
of the enactment of this Act, the Secretary of Defense shall
prescribe any regulations necessary to carry out subsection (e)
of section 204 of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687
note), as added by subsection (a), and subsection (f) of
section 2905 of the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), as added by subsection (b).
SEC. 2841. USE OF SINGLE BASE CLOSURE AUTHORITIES FOR DISPOSAL OF
PROPERTY AND FACILITIES AT FORT HOLABIRD, MARYLAND.
(a) Consolidation of Base Closure Authorities.--In the case
of the property and facilities at Fort Holabird, Maryland,
described in subsection (b), the Secretary of Defense shall
dispose of such property and facilities in accordance with
section 2905(b)(7) of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note), as amended by section 2838 of this Act.
(b) Covered Property and Facilities.--Subsection (a)
applies to the following property and facilities at Fort
Holabird, Maryland:
(1) Property and facilities that were approved for
closure or realignment under title II of the Defense
Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687
note), but have not been disposed of as of the date of
the enactment of this Act, including buildings 305 and
306 and the parking lots and other property associated
with such buildings.
(2) Property and facilities that were approved in
1995 for closure or realignment under the Defense Base
Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
(c) Use of Surveys and Other Evaluations of Property.--In
carrying out the disposal of the property and facilities
referred to in subsection (b)(1), the Secretary shall utilize
any surveys and other evaluations of such property and
facilities that were prepared by the Corps of Engineers before
the date of the enactment of this Act as part of the process
for the disposal of such property and facilities.
Subtitle D--Land Conveyances Generally
PART I--ARMY CONVEYANCES
SEC. 2851. TRANSFER OF JURISDICTION, FORT SAM HOUSTON, TEXAS.
(a) Transfer of Land for National Cemetery.--The Secretary
of the Army may transfer, without reimbursement, to the
administrative jurisdiction of the Secretary of Veterans
Affairs a parcel of real property (including any improvements
thereon) consisting of approximately 53 acres and comprising a
portion of Fort Sam Houston, Texas.
(b) Use of Land.--The Secretary of Veterans Affairs shall
use the real property transferred under subsection (a) as a
national cemetery under chapter 24 of title 38, United States
Code.
(c) Legal Description.--The exact acreage and legal
description of the real property to be transferred under this
section shall be determined by a survey satisfactory to the
Secretary of the Army. The cost of the survey shall be borne by
the Secretary of Veterans Affairs.
(d) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the transfer under this section as the
Secretary of the Army considers appropriate to protect the
interests of the United States.
SEC. 2852. TRANSFER OF JURISDICTION, FORT BLISS, TEXAS.
(a) Transfer of Land for National Cemetery.--The Secretary
of the Army may transfer, without reimbursement, to the
administrative jurisdiction of the Secretary of Veterans
Affairs a parcel of real property (including any improvements
thereon) consisting of approximately 22 acres and comprising a
portion of Fort Bliss, Texas.
(b) Use of Land.--The Secretary of Veterans Affairs shall
use the real property transferred under subsection (a) as an
addition to the Fort Bliss National Cemetery and administer
such real property pursuant to chapter 24 of title 38, United
States Code.
(c) Legal Description.--The exact acreage and legal
description of the real property to be transferred under this
section shall be determined by a survey satisfactory to the
Secretary of the Army. The cost of the survey shall be borne by
the Secretary of Veterans Affairs.
(d) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the transfer under this section as the
Secretary of the Army considers appropriate to protect the
interests of the United States.
SEC. 2853. TRANSFER OF JURISDICTION AND LAND CONVEYANCE, FORT DEVENS
MILITARY RESERVATION, MASSACHUSETTS.
(a) Transfer of Land for Wildlife Refuge.--Subject to
subsections (b) and (c), the Secretary of the Army shall
transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of the Interior that portion of
Fort Devens Military Reservation, Massachusetts, that is
situated south of Massachusetts State Route 2, for inclusion in
the Oxbow National Wildlife Refuge.
(b) Land Conveyance.--Subject to subsection (c), the
Secretary of the Army shall convey to the Town of Lancaster,
Massachusetts (in this section referred to as the ``Town''),
all right, title, and interest of the United States in and to a
parcel of real property consisting of approximately 100 acres
of the parcel available for transfer under subsection (a) and
located adjacent to Massachusetts State Highway 70.
(c) Requirements Relating to Transfer and Conveyance.--(1)
The transfer under subsection (a) and the conveyance under
subsection (b) may not be made unless the property to be
transferred and conveyed is determined to be excess to the
needs of the Department of Defense.
(2) The transfer and conveyance shall be made as soon as
practicable after the date on which the property is determined
to be excess to the needs of the Department of Defense.
(d) Legal Description.--(1) The exact acreage and legal
description of the real property to be transferred under
subsection (a) shall be determined by a survey mutually
satisfactory to the Secretary of the Army and the Secretary of
the Interior. The cost of the survey shall be borne by the
Secretary of the Interior.
(2) The exact acreage and legal description of the real
property to be conveyed under subsection (b) shall be
determined by a survey mutually satisfactory to the Secretary
of the Army, the Secretary of the Interior, and the Board of
Selectman of the Town. The cost of the survey shall be borne by
the Town.
(e) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the transfer under subsection (a) and the
conveyance under subsection (b) as the Secretary of the Army
considers appropriate to protect the interests of the United
States.
SEC. 2854. MODIFICATION OF LAND CONVEYANCE, FORT BELVOIR, VIRGINIA.
(a) Designation of Recipient.--Subsection (a) of section
2821 of the Military Construction Authorization Act for Fiscal
Years 1990 and 1991 (division B of Public Law 101-189; 103
Stat. 1658) is amended by striking out ``any grantee selected
in accordance with subsection (e)'' and inserting in lieu
thereof ``the County of Fairfax, Virginia (in this section
referred to as the `grantee'),''.
(b) Consideration.--Subsection (b)(1) of such section is
amended by striking out subparagraph (B) and inserting in lieu
thereof the following new subparagraph:
``(B) grant title, free of liens and other
encumbrances, to the Department to such
facilities and, if not already owned by the
Department, to the underlying land; and''.
(c) Content of Agreement.--Subsection (c) of such section
is amended to read as follows:
``(c) Content of Agreement.--An agreement entered into
under this section shall include the following:
``(1) A requirement that the grantee construct
facilities and make infrastructure improvements for the
Department of the Army that the Secretary determines
are necessary for the Department at Fort Belvoir and at
other sites at which activities will be relocated as a
result of the conveyance made under this section.
``(2) A requirement that the construction of
facilities and infrastructure improvements referred to
in paragraph (1) be carried out in accordance with
plans and specifications approved by the Secretary.
``(3) A requirement that the Secretary retain a
lien or other security interest against the property
conveyed to the grantee in the amount of the fair
market value of the property, as determined under
subsection (b)(2). The agreement will specify the terms
for releasing the lien or other security interest, in
whole or in part. In the event of default by the County
on its obligations under the terms of the agreement,
the Secretary shall enforce the lien or security
interest. The proceeds obtained through enforcing the
lien or security interest may be used by the Secretary
to construct facilities and make infrastructure
improvements in lieu of those provided for in the
agreement.''.
(d) Surveys.--Subsection (g) of such section is amended by
striking out the last sentence and inserting in lieu thereof
the following: ``The grantee shall be responsible for
completing any such survey without cost to the United
States.''.
(e) Conforming Amendments.--Such section is further
amended--
(1) in subsection (a), by striking out ``Subject to
subsections (b) through (h), the'' and inserting in
lieu thereof ``The'';
(2) in subsection (b)(1), by striking out
``subsection (c)(1)(D)'' both places it appears and
inserting in lieu thereof ``subsection (c)(1)(A)'';
(3) by striking out subsections (e) and (f); and
(4) by redesignating subsections (g) and (h) as
subsections (e) and (f), respectively.
SEC. 2855. LAND EXCHANGE, FORT LEWIS, WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to Weyerhaeuser Real Estate Company, Tacoma, Washington
(in this section referred to as ``WRECO''), all right, title,
and interest of the United States in and to a parcel of real
property at Fort Lewis, Washington, known as an unimproved
portion of Tract 1000 (formerly being in the DuPont Steilacoom
Road, consisting of approximately 1.23 acres), and Tract 26E
(consisting of 0.03 acre).
(b) Consideration.--As consideration for the conveyance
authorized by subsection (a), WRECO shall convey or cause to be
conveyed to the United States, by warranty deed acceptable to
the Secretary, a 0.39 acre parcel of real property located
adjacent to Fort Lewis, Washington, together with other
consideration acceptable to the Secretary. The total
consideration conveyed to the United States shall not be less
than the fair market value of the land conveyed under
subsection (a).
(c) Determination of Fair Market Value.--The determinations
of the Secretary regarding the fair market values of the
parcels of real property and improvements to be conveyed
pursuant to subsections (a) and (b) shall be final.
(d) Description of Property.--The exact acreage and legal
description of the parcels of real property to be conveyed
pursuant to subsections (a) and (b) shall be determined by a
survey satisfactory to the Secretary. The cost of the survey
shall be borne by WRECO.
(e) Effect on Existing Reversionary Interest.--The
Secretary may enter into an agreement with the appropriate
officials of Pierce County, Washington, under which--
(1) the existing reversionary interest of Pierce
County in the lands to be conveyed by the United States
under subsection (a) is extinguished; and
(2) the conveyance to the United States under
subsection (b) is made subject to a similar
reversionary interest in favor of Pierce County in the
lands conveyed under such subsection.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2856. LAND EXCHANGE, ARMY RESERVE CENTER, GAINESVILLE, GEORGIA.
(a) Land Exchange Authorized.--The Secretary of the Army
may convey to the City of Gainesville, Georgia (in this section
referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property, together
with any improvements thereon, consisting of approximately 4.2
acres and located on Shallowford Road in Gainesville, Georgia,
the site of the Army Reserve Center, Gainesville, Georgia.
(b) Consideration.--As consideration for the conveyance
authorized by subsection (a), the City shall--
(1) convey to the United States all right, title,
and interest in and to a parcel of real property
consisting of approximately 8 acres located in the
Atlas Industrial Park, Gainesville, Georgia, that is
acceptable to the Secretary;
(2) design and construct on such real property
suitable facilities (as determined by the Secretary)
for training activities of the Army Reserve to replace
facilities conveyed under subsection (a);
(3) carry out, at cost to the City, any
environmental assessments and any other studies,
analyses, and assessments that may be required under
Federal law in connection with the land conveyances
under subsection (a) and paragraph (1) and the
construction under paragraph (2);
(4) pay the Secretary the amount (as determined by
the Secretary) equal to the cost of relocating Army
Reserve units from the real property to be conveyed
under subsection (a) to the replacement facilities to
be constructed under paragraph (2); and
(5) if the fair market value of the real property
conveyed by the Secretary under subsection (a) exceeds
the fair market value of the consideration provided by
the City under paragraphs (1) through (4), pay the
United States the amount equal to the amount of such
excess.
(c) Determination of Fair Market Value.--The Secretary
shall determine the fair market value of the real property to
be conveyed under subsection (a) and of the consideration to be
furnished by the City under subsection (b). Such determination
shall be final.
(d) Description of Property.--The exact acreage and legal
description of the parcels of real property to be conveyed
under subsections (a) and (b) shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall be
borne by the City.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyances authorized by this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2857. LAND CONVEYANCE, HOLSTON ARMY AMMUNITION PLANT, MOUNT
CARMEL, TENNESSEE.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without reimbursement, to the City of Mount Carmel,
Tennessee (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of real property, including improvements thereon,
consisting of approximately 6.5 acres located at Holston Army
Ammunition Plant, Tennessee. The property is located adjacent
to the Mount Carmel Cemetery and is intended for expansion of
the cemetery.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
City.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2858. LAND CONVEYANCE, INDIANA ARMY AMMUNITION PLANT, CHARLESTOWN,
INDIANA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the State of Indiana (in this
section referred to as the ``State''), all right, title, and
interest of the United States in and to a parcel of real
property, including any improvements thereon, that consists of
approximately 1125 acres at the inactivated Indiana Army
Ammunition Plant in Charlestown, Indiana, and is the subject of
a 25-year lease between the Secretary and the State.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that the
State use the conveyed property for recreational purposes.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
State.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2859. LAND CONVEYANCE, FORT ORD, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to the City of Seaside, California (in this section
referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property
(including improvements thereon) consisting of approximately
477 acres located in Monterey County, California, and
comprising a portion of the former Fort Ord Military Complex.
The real property to be conveyed to the City includes the two
Fort Ord Golf Courses, Black Horse and Bayonet, and a portion
of the Hayes Housing Facilities.
(b) Consideration.--As consideration for the conveyance of
the real property and improvements under subsection (a), the
City shall pay to the United States an amount equal to the fair
market value of the property to be conveyed, as determined by
the Secretary.
(c) Use and Deposit of Proceeds.--(1) From the funds paid
by the City under subsection (b), the Secretary shall deposit
in the Morale, Welfare, and Recreation Fund Account of the
Department of the Army such amounts as may be necessary to
cover morale, welfare, and recreation activities at Army
installations in the general vicinity of Fort Ord during fiscal
years 1996 through 2000. The amount deposited by the Secretary
into the Account shall not exceed the fair market value, as
established under subsection (b), of the two Fort Ord Golf
Courses conveyed under subsection (a). The Secretary shall
notify Congress of the amount to be deposited not later than 90
days after the date of the conveyance.
(2) The Secretary shall deposit the balance of any funds
paid by the City under subsection (b), after deducting the
amount deposited under paragraph (1), in the Department of
Defense Base Closure Account 1990.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey mutually
satisfactory to the Secretary and the City. The cost of the
survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under this section as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2860. LAND CONVEYANCE, PARKS RESERVE FORCES TRAINING AREA, DUBLIN,
CALIFORNIA.
(a) Conveyance Authorized.--(1) Except as provided in
paragraph (2), the Secretary of the Army may convey to the
County of Alameda, California (in this section referred to as
the ``County''), all right, title, and interest of the United
States in and to a parcel of real property, including
improvements thereon, consisting of approximately 31 acres
located at Parks Reserve Forces Training Area, Dublin,
California.
(2) The conveyance authorized by this section shall not
include any oil, gas, or mineral interest of the United States
in the real property to be conveyed.
(b) Consideration.--(1) As consideration for the conveyance
under subsection (a)(1), the County shall provide the Army with
the following services at the portion of Parks Reserve Forces
Training Area retained by the Army:
(A) Relocation of the main gate of the retained
Training Area from Dougherty Road to Dublin Boulevard
across from the Bay Area Rapid Transit District East
Dublin station, including the closure of the existing
main gate on Dougherty Road, construction of a security
facility, and construction of a roadway from the new
entrance to Fifth Street.
(B) Enclosing and landscaping of the southern
boundary of the retained Training Area installation
located northerly of Dublin Boulevard.
(C) Enclosing and landscaping of the eastern
boundary of the retained Training Area from Dublin
Boulevard to Gleason Drive.
(D) Resurfacing of roadways within the retained
Training Area.
(E) Provision of such other services in connection
with the retained Training Area, including relocation
or reconstruction of water lines, relocation or
reconstruction of sewer lines, construction of drainage
improvements, and construction of buildings, as the
Secretary and the County may determine to be
appropriate.
(F) Provision for and funding of any environmental
mitigation that is necessary as a result of a change in
use of the conveyed property by the County.
(2) The detailed specifications for the services to be
provided under paragraph (1) may be determined and approved on
behalf of the Secretary by the Commander of Parks Reserve
Forces Training Area. The preparation costs of such
specifications shall be borne by the County.
(3) The fair market value of improvements and services
received by the United States from the County under paragraph
(1) must be equal to or exceed the appraised fair market value
of the real property to be conveyed under subsection (a)(1).
The appraisal of the fair market value of the property shall be
subject to Secretary review and approval.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a)(1) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by the
County.
(d) Time for Transfer of Title.--The transfer of title to
the County under subsection (a)(1) may be executed by the
Secretary only upon the satisfactory guarantee by the County of
completion of the services to be provided under subsection (b).
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a)(1) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2861. LAND CONVEYANCE, ARMY RESERVE CENTER, YOUNGSTOWN, OHIO.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the City of Youngstown, Ohio
(in this section referred to as the ``City''), all right,
title, and interest of the United States in and to a parcel of
excess real property, including improvements thereon, that is
located at 399 Miller Street in Youngstown, Ohio, and contains
the Kefurt Army Reserve Center.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that the
City retain the conveyed property for the use and benefit of
the Youngstown Fire Department.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
City.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2862. LAND CONVEYANCE, ARMY RESERVE PROPERTY, FORT SHERIDAN,
ILLINOIS.
(a) Conveyance Authorized.--Subject to subsection (b), the
Secretary of the Army may convey to any transferee selected
under subsection (g) all right, title, and interest of the
United States in and to a parcel of real property (including
improvements thereon) at Fort Sheridan, Illinois, consisting of
approximately 114 acres and comprising an Army Reserve area.
(b) Requirement for Federal Screening of Property.--The
Secretary may not carry out the conveyance of property
authorized by subsection (a) unless the Secretary determines
that no department or agency of the Federal Government will
accept the transfer of the property.
(c) Consideration.--(1) As consideration for the conveyance
under subsection (a), the transferee selected under subsection
(g) shall--
(A) convey to the United States a parcel of real
property that meets the requirements of subsection (d);
(B) design for and construct on the property
conveyed under subparagraph (A) such facilities
(including support facilities and infrastructure) to
replace the facilities conveyed pursuant to the
authority in subsection (a) as the Secretary considers
appropriate; and
(C) pay the cost of relocating Army personnel in
the facilities located on the real property conveyed
pursuant to the authority in subsection (a) to the
facilities constructed under subparagraph (B).
(2) The Secretary shall ensure that the fair market value
of the consideration provided by the transferee under paragraph
(1) is not less than the fair market value of the real property
conveyed by the Secretary under subsection (a).
(d) Requirements Relating to Property To Be Conveyed to
United States.--The real property conveyed to the United States
under subsection (c)(1)(A) by the transferee selected under
subsection (g) shall--
(1) be located not more than 25 miles from Fort
Sheridan;
(2) be located in a neighborhood or area having
social and economic conditions similar to the social
and economic conditions of the area in which Fort
Sheridan is located; and
(3) be acceptable to the Secretary.
(e) Interim Relocation of Army Personnel.--Pending
completion of the construction of all the facilities proposed
to be constructed under subsection (c)(1)(B) by the transferee
selected under subsection (g), the Secretary may relocate Army
personnel in the facilities located on the property to be
conveyed pursuant to the authority in subsection (a) to the
facilities that have been constructed by the transferee under
such subsection (c)(1)(B).
(f) Determination of Fair Market Value.--The Secretary
shall determine the fair market value of the real property to
be conveyed under subsection (a) and of the consideration to be
provided under subsection (c)(1). Such determination shall be
final.
(g) Selection of Transferee.--(1) The Secretary shall use
competitive procedures for the selection of a transferee under
subsection (a).
(2) In evaluating the offers of prospective transferees,
the Secretary shall--
(A) consider such criteria as the Secretary
considers to be appropriate to determine whether
prospective transferees will be able to satisfy the
consideration requirements specified in subsection
(c)(1); and
(B) consult with the communities and jurisdictions
in the vicinity of Fort Sheridan (including the City of
Lake Forest, the City of Highwood, and the City of
Highland Park and the County of Lake, Illinois) in
order to determine the most appropriate use of the
property to be conveyed.
(h) Descriptions of Property.--The exact acreage and legal
descriptions of the real property to be conveyed by the
Secretary under subsection (a) and the real property to be
conveyed under subsection (c)(1)(A) shall be determined by a
survey satisfactory to the Secretary. The cost of the survey
shall be borne by the transferee selected under subsection (g).
(i) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2863. LAND CONVEYANCE, PROPERTY UNDERLYING CUMMINS APARTMENT
COMPLEX, FORT HOLABIRD, MARYLAND.
(a) Conveyance Authorized.--Notwithstanding any other
provision of law, the Secretary of the Army may convey to the
existing owner of the improvements thereon all right, title,
and interest of the United States in and to a parcel of real
property underlying the Cummins Apartment Complex at Fort
Holabird, Maryland, that consists of approximately 6 acres, and
any interest the United States may have in the improvements
thereon.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the owner of the improvements referred to
in that subsection shall provide compensation to the United
States in an amount equal to the fair market value (as
determined by the Secretary) of the property interest to be
conveyed.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey that is
satisfactory to the Secretary.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2864. MODIFICATION OF EXISTING LAND CONVEYANCE, ARMY PROPERTY,
HAMILTON AIR FORCE BASE, CALIFORNIA.
(a) Application of Section.--The authority provided in
subsection (b) shall apply only in the event that the purchaser
purchases only a portion of the Sale Parcel referred to in
section 9099 of the Department of Defense Appropriations Act,
1993 (Public Law 102-396; 106 Stat. 1924) and exercises the
purchaser's option to withdraw from the sale as to the rest of
the Sale Parcel.
(b) Conveyance Authority in Event of Partial Sale.--The
Secretary of the Army may convey to the City of Novato,
California (in this section referred to as the ``City'')--
(1) that portion of the Sale Parcel (other than
Landfill 26 and an appropriate buffer area around it
and the groundwater treatment facility site) that is
not purchased as provided in subsection (a); and
(2) any of the land referred to in subsection (e)
of such section 9099 that is not purchased by the
purchaser.
(c) Consideration and Conditions on Conveyance.--The
conveyance under subsection (b) shall be made as a public
benefit transfer to the City for the sum of One Dollar, subject
to the condition that the conveyed property be used for school,
classroom, or other educational purposes or as a public park or
recreation area.
(d) Subsequent Conveyance by the City.--(1) If, within 10
years after the conveyance under subsection (b), the City
conveys all or any part of the conveyed property to a third
party without the use restrictions specified in subsection (c),
the City shall pay to the Secretary of the Army an amount equal
to the proceeds received by the City from the conveyance, minus
the demonstrated reasonable costs of making the conveyance and
of any improvements made by the City to the property following
its acquisition of the land (but only to the extent such
improvements increase the value of the property conveyed). The
Secretary of the Army shall deliver into the applicable closing
escrow an acknowledgement of receipt of the proceeds and a
release of the reverter right under subsection (e) as to the
affected land, effective upon such receipt.
(2) Until one year after the completion of the cleanup of
contaminated soil in the Landfill located on the Sale Parcel
and completion of the groundwater treatment facilities, any
conveyance by the City must be at a per-acre price for the
portion sold that is at least equal to the per-acre contract
price paid by the purchaser for the portion of the Sale Parcel
purchased under the Agreement and Modification for the purchase
of the Sale Parcel by the purchaser. Thereafter, any conveyance
by the City must be at a price at least equal to the fair
market value of the portion sold.
(3) This subsection shall not apply to a conveyance by the
City to another public or quasi-public agency for public uses
of the kind described in subsection (c).
(e) Reversion.--If the Secretary of the Army determines
that the City has failed to make a payment as required by
subsection (d)(1) or that any portion of the conveyed property
retained by the City or conveyed under subsection (d)(3) is not
being utilized in accordance with subsection (c), title to the
applicable portion of such property shall revert to the United
States at the election of the Administrator of the General
Services Administration.
(f) Special Conveyance Regarding Building 138 Parcel.--The
Secretary of the Army may convey to the purchaser of the Sale
Parcel the Building 138 parcel, which has been designated by
the parties as Parcel A4. The per-acre price for the portion
conveyed under this subsection shall be at least equal to the
per-acre contract price paid by the purchaser for the portion
of the Sale Parcel purchased under the Agreement and
Modification, dated September 25, 1990, as amended.
PART II--NAVY CONVEYANCES
SEC. 2865. TRANSFER OF JURISDICTION, NAVAL WEAPONS INDUSTRIAL RESERVE
PLANT, CALVERTON, NEW YORK.
(a) Transfer Authorized.--Notwithstanding section 2854 of
the Military Construction Authorization Act for Fiscal Year
1993 (division B of Public Law 102-484; 106 Stat. 2626), as
amended by section 2823 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337; 108 Stat. 3058), the Secretary of the Navy may
transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of Veterans Affairs a parcel of
real property consisting of approximately 150 acres located
adjacent to the Calverton National Cemetery, Calverton, New
York, and comprising a portion of the buffer zone of the Naval
Weapons Industrial Reserve Plant, Calverton, New York.
(b) Use of Property.--The Secretary of Veterans Affairs
shall use the real property transferred under subsection (a) as
an addition to the Calverton National Cemetery and administer
such real property pursuant to chapter 24 of title 38, United
States Code.
(c) Survey.--The cost of any survey necessary for the
transfer of jurisdiction of the real property described in
subsection (a) from the Secretary of the Navy to the Secretary
of Veterans Affairs shall be borne by the Secretary of Veterans
Affairs.
(d) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and conditions in
connection with the transfer under this section as the
Secretary of the Navy considers appropriate to protect the
interests of the United States.
SEC. 2866. MODIFICATION OF LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL
RESERVE PLANT, CALVERTON, NEW YORK.
(a) Removal of Reversionary Interest; Addition of Lease
Authority.--Subsection (c) of section 2833 of the Military
Construction Authorization Act for Fiscal Year 1995 (division B
of Public Law 103-337; 108 Stat. 3061) is amended to read as
follows:
``(c) Lease Authority.--Until such time as the real
property described in subsection (a) is conveyed by deed, the
Secretary may lease the property, along with improvements
thereon, to the Community Development Agency in exchange for
security services, fire protection services, and maintenance
services provided by the Community Development Agency for the
property.''.
(b) Conforming Amendment.--Subsection (e) of such section
is amended by striking out ``subsection (a)'' and inserting in
lieu thereof ``subsection (a) or a lease under subsection
(c)''.
SEC. 2867. LAND CONVEYANCE ALTERNATIVE TO EXISTING LEASE AUTHORITY,
NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA.
Section 2834(b) of the Military Construction Authorization
Act for Fiscal Year 1993 (division B of Public Law 102-484; 106
Stat. 2614), as amended by section 2833 of the Military
Construction Authorization Act for Fiscal Year 1994 (division B
of Public Law 103-160; 107 Stat. 1896) and section 2821 of the
Military Construction Authorization Act for Fiscal Year 1995
(division B of Public Law 103-337; 108 Stat. 3057), is further
amended by adding at the end the following new paragraphs:
``(4) In lieu of entering into a lease under paragraph (1),
or in place of an existing lease under that paragraph, the
Secretary may convey, without consideration, the property
described in that paragraph to the City of Oakland, California,
the Port of Oakland, California, the City of Alameda,
California, or the City of Richmond, California, under such
terms and conditions as the Secretary considers appropriate.
``(5) The exact acreage and legal description of any
property conveyed under paragraph (4) shall be determined by a
survey satisfactory to the Secretary. The cost of each survey
shall be borne by the recipient of the property.''.
SEC. 2868. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE PLANT,
MCGREGOR, TEXAS.
(a) Conveyance Authorized.--(1) The Secretary of the Navy
may convey, without consideration, to the City of McGregor,
Texas (in this section referred to as the ``City''), all right,
title, and interest of the United States in and to a parcel of
real property, including any improvements thereon, containing
the Naval Weapons Industrial Reserve Plant, McGregor, Texas.
(2) After screening the facilities, equipment, and fixtures
(including special tooling and special test equipment) located
on the parcel for other uses by the Department of the Navy, the
Secretary may include in the conveyance under paragraph (1) any
facilities, equipment, and fixtures on the parcel not to be so
used if the Secretary determines that manufacturing activities
requiring the use of such facilities, equipment, and fixtures
are likely to continue or be reinstated on the parcel after
conveyance under paragraph (1).
(b) Lease Authority.--Until such time as the real property
described in subsection (a)(1) is conveyed by deed, the
Secretary may lease the property, along with improvements
thereon, to the City in exchange for security services, fire
protection services, and maintenance services provided by the
City for the property.
(c) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that the
City, directly or through an agreement with a public or private
entity, use the conveyed property (or offer the conveyed
property for use) for economic redevelopment to replace all or
a part of the economic activity being lost at the parcel.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a)(1) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by the
City.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) or a lease under subsection
(b) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2869. LAND CONVEYANCE, NAVAL SURFACE WARFARE CENTER, MEMPHIS,
TENNESSEE.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the Memphis and Shelby County Port Commission,
Memphis, Tennessee (in this section referred to as the
``Port''), all right, title, and interest of the United States
in and to a parcel of real property (including any improvements
thereon) consisting of approximately 26 acres that is located
at the Carderock Division, Naval Surface Warfare Center,
Memphis Detachment, Presidents Island, Memphis, Tennessee.
(b) Consideration.--As consideration for the conveyance of
real property under subsection (a), the Port shall--
(1) grant to the United States a restrictive
easement in and to a parcel of real property consisting
of approximately 100 acres that is adjacent to the
Memphis Detachment, Presidents Island, Memphis,
Tennessee; and
(2) if the fair market value of the easement
granted under paragraph (1) is less than the fair
market value of the real property conveyed under
subsection (a), provide the United States such
additional consideration as the Secretary and the Port
jointly determine appropriate so that the value of the
consideration received by the United States under this
subsection is equal to or greater than the fair market
value of the real property conveyed under subsection
(a).
(c) Condition of Conveyance.--The conveyance authorized by
subsection (a) shall be carried out in accordance with the
provisions of the Land Exchange Agreement between the United
States and the Memphis and Shelby County Port Commission,
Memphis, Tennessee.
(d) Determination of Fair Market Value.--The Secretary
shall determine the fair market value of the real property to
be conveyed under subsection (a) and of the easement to be
granted under subsection (b)(1). Such determinations shall be
final.
(e) Use of Proceeds.--The Secretary shall deposit any
proceeds received under subsection (b)(2) as consideration for
the conveyance of real property authorized under subsection (a)
in the special account established pursuant to section
204(h)(2) of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 485(h)(2)).
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) and the easement to be granted under subsection
(b)(1) shall be determined by a survey satisfactory to the
Secretary. The cost of the survey shall be borne by the Port.
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance authorized by subsection (a) and the easement
granted under subsection (b)(1) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2870. LAND CONVEYANCE, NAVY PROPERTY, FORT SHERIDAN, ILLINOIS.
(a) Conveyance Authorized.--Subject to subsection (b), the
Secretary of the Navy may convey to any transferee selected
under subsection (i) all right, title, and interest of the
United States in and to a parcel of real property (including
any improvements thereon) at Fort Sheridan, Illinois,
consisting of approximately 182 acres and comprising the Navy
housing areas at Fort Sheridan.
(b) Requirement for Federal Screening of Property.--The
Secretary may not carry out the conveyance of property
authorized by subsection (a) unless the Secretary determines
that no department or agency of the Federal Government will
accept the transfer of the property.
(c) Consideration.--(1) As consideration for the conveyance
under subsection (a), the transferee selected under subsection
(i) shall--
(A) convey to the United States a parcel of real
property that meets the requirements of subsection (d);
(B) design for and construct on the property
conveyed under subparagraph (A) such housing facilities
(including support facilities and infrastructure) to
replace the housing facilities conveyed pursuant to the
authority in subsection (a) as the Secretary considers
appropriate;
(C) pay the cost of relocating members of the Armed
Forces residing in the housing facilities located on
the real property conveyed pursuant to the authority in
subsection (a) to the housing facilities constructed
under subparagraph (B);
(D) provide for the education of dependents of such
members under subsection (e); and
(E) carry out such activities for the operation,
maintenance, and improvement of the facilities
constructed under subparagraph (B) as the Secretary and
the transferee jointly determine appropriate.
(2) The Secretary shall ensure that the fair market value
of the consideration provided by the transferee under paragraph
(1) is not less than the fair market value of the property
interest conveyed by the Secretary under subsection (a).
(d) Requirements Relating to Property To Be Conveyed to
United States.--The property interest conveyed to the United
States under subsection (c)(1)(A) by the transferee selected
under subsection (i) shall--
(1) be located not more than 25 miles from the
Great Lakes Naval Training Center, Illinois;
(2) be located in a neighborhood or area having
social and economic conditions similar to the social
and economic conditions of the area in which Fort
Sheridan is located; and
(3) be acceptable to the Secretary.
(e) Education of Dependents of Members of the Armed
Forces.--In providing for the education of dependents of
members of the Armed Forces under subsection (c)(1)(D), the
transferee selected under subsection (i) shall ensure that such
dependents may enroll at the schools of one or more school
districts in the vicinity of the real property conveyed to the
United States under subsection (c)(1)(A) which schools and
districts--
(1) meet such standards for schools and schools
districts as the Secretary shall establish; and
(2) will continue to meet such standards after the
enrollment of such dependents regardless of the receipt
by such school districts of Federal impact aid.
(f) Interim Relocation of Members of the Armed Forces.--
Pending completion of the construction of all the housing
facilities proposed to be constructed under subsection
(c)(1)(B) by the transferee selected under subsection (i), the
Secretary may relocate--
(1) members of the Armed Forces residing in housing
facilities located on the property to be conveyed
pursuant to the authority in subsection (a) to the
housing facilities that have been constructed by the
transferee under such subsection (c)(1)(B); and
(2) other Government tenants located on such
property to other facilities.
(g) Applicability of Certain Agreements.--The property
conveyed by the Secretary pursuant to the authority in
subsection (a) shall be subject to the Memorandum of
Understanding concerning the Transfer of Certain Properties at
Fort Sheridan, Illinois, dated August 8, 1991, between the
Department of the Army and the Department of the Navy.
(h) Determination of Fair Market Value.--The Secretary
shall determine the fair market value of the real property
interest to be conveyed under subsection (a) and of the
consideration to be provided under subsection (c)(1). Such
determination shall be final.
(i) Selection of Transferee.--(1) The Secretary shall use
competitive procedures for the selection of a transferee under
subsection (a).
(2) In evaluating the offers of prospective transferees,
the Secretary shall--
(A) consider such criteria as the Secretary
considers to be appropriate to determine whether
prospective transferees will be able to satisfy the
consideration requirements specified in subsection
(c)(1); and
(B) consult with the communities and jurisdictions
in the vicinity of Fort Sheridan (including the City of
Lake Forest, the City of Highwood, and the City of
Highland Park and the County of Lake, Illinois) in
order to determine the most appropriate use of the
property to be conveyed.
(j) Descriptions of Property.--The exact acreage and legal
descriptions of the real property to be conveyed by the
Secretary under subsection (a) and the real property to be
conveyed under subsection (c)(1)(A) shall be determined by a
survey satisfactory to the Secretary. The cost of the survey
shall be borne by the transferee selected under subsection (i).
(k) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2871. LAND CONVEYANCE, NAVAL COMMUNICATIONS STATION, STOCKTON,
CALIFORNIA.
(a) Conveyance Authorized.--Subject to subsection (b), the
Secretrary of the Navy may convey to the Port of Stockton,
California (in this section referred to as the ``Port''), all
right, title, and interest of the United States in and to a
parcel of real property, including any improvements thereon,
consisting of approximately 1,450 acres at the Naval
Communication Station, Stockton, California.
(b) Requirement for Federal Screening of Property.--The
Secretary may not carry out the conveyance of property
authorized by subsection (a) unless the Secretary determines
that no department or agency of the Federal Government will
accept the transfer of the property.
(c) Interim Lease.--Until such time as the real property
described in subsection (a) is conveyed by deed, the Secretary
may lease the property, along with improvements thereon, to the
Port under terms and conditions satisfactory to the Secretary.
(d) Consideration.--The conveyance may be made as a public
benefit conveyance for port development as defined in section
203 of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 484) if the Port satisfies the criteria in such
section and the regulations prescribed to implement such
section. If the Port fails to qualify for a public benefit
conveyance and still desires to acquire the property, the Port
shall pay to the United States an amount equal to the fair
market value of the property to be conveyed, as determined by
the Secretary.
(e) Federal Lease of Conveyed Property.--As a condition for
transfer of this property under subparagraph (a), the Secretary
may require that the Port lease to the Department of Defense or
any other Federal agency all or any part of the property being
used by the Federal Government at the time of conveyance. Any
such lease shall be made under the same terms and conditions as
in force at the time of the conveyance. Such terms and
conditions will continue to include payment to the Port for
maintenance of facilities leased to the Federal Government.
Such maintenance of the Federal premises shall be to the
reasonable satisfaction of the United States, or as required by
all applicable Federal, State, and local laws and ordinances.
(f) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the Port.
(g) Additional Terms.--The Secretary may require such
additional terms and conditions in connection with the
conveyance under subsection (a) or the lease under subsection
(c) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2872. LEASE OF PROPERTY, NAVAL AIR STATION AND MARINE CORPS AIR
STATION, MIRAMAR, CALIFORNIA.
(a) Lease Authorized.--Notwithstanding section 2692(a)(1)
of title 10, United States Code, the Secretary of the Navy may
lease to the City of San Diego, California (in this subsection
referred to as the ``City''), the parcel of real property,
including improvements thereon, described in subsection (b) in
order to permit the City to carry out activities on the parcel
relating to solid waste management, including the operation and
maintenance of one or more solid waste landfills. Pursuant to
the lease, the Secretary may authorize the City to construct
and operate on the parcel facilities related to solid waste
management, including a sludge processing facility.
(b) Covered Property.--The parcel of property to be leased
under subsection (a) is a parcel of real property consisting of
approximately 1,400 acres that is located at Naval Air Station,
Miramar, California, or Marine Corps Air Station, Miramar,
California.
(c) Lease Term.--The lease authorized under subsection (a)
shall be for an initial term of not more than 50 years. Under
the lease, the Secretary may provide the City with an option to
extend the lease for such number of additional periods of such
length as the Secretary considers appropriate.
(d) Form of Consideration.--The Secretary may provide in
the lease under subsection (a) for the provision by the City of
in-kind consideration under the lease.
(e) Use of Money Rentals.--In such amounts as are provided
in advance in appropriation Acts, the Secretary may use money
rentals received by the Secretary under the lease authorized
under subsection (a) to carry out the following programs at
Department of the Navy installations that utilize the solid
waste landfill or landfills located on the leased property:
(1) Environmental programs, including natural
resource management programs, recycling programs, and
pollution prevention programs.
(2) Programs to improve the quality of military
life, including programs to improve military
unaccompanied housing and military family housing.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the lease under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
(g) Definitions.--In this section, the terms ``sludge'',
``solid waste'', and ``solid waste management'' have the
meanings given such terms in paragraphs (26A), (27), and (28),
respectively, of section 1004 of the Solid Waste Disposal Act
(42 U.S.C. 6903).
PART III--AIR FORCE CONVEYANCES
SEC. 2874. LAND ACQUISITION OR EXCHANGE, SHAW AIR FORCE BASE, SOUTH
CAROLINA.
(a) Land Acquisition.--By means of an exchange of property,
acceptance as a gift, or other means that do not require the
use of appropriated funds, the Secretary of the Air Force may
acquire all right, title, and interest in and to a parcel of
real property (together with any improvements thereon)
consisting of approximately 1,100 acres and located adjacent to
the eastern end of Shaw Air Force Base, South Carolina, and
extending to Stamey Livestock Road in Sumter County, South
Carolina.
(b) Land Exchange Authorized.--For purposes of acquiring
the real property described in subsection (a), the Secretary
may participate in a land exchange and convey all right, title,
and interest of the United States in and to a parcel of real
property in the possession of the Air Force if--
(1) the Secretary determines that the land exchange
is in the best interests of the Air Force; and
(2) the fair market value of the parcel to be
conveyed by the Secretary does not exceed the fair
market value of the parcel to be acquired by the
Secretary.
(c) Determinations of Fair Market Value.--The Secretary
shall determine the fair market value of the parcels of real
property to be exchanged, accepted, or otherwise acquired
pursuant to subsection (a) and exchanged pursuant to subsection
(b). Such determinations shall be final.
(d) Reversion of Gift Conveyance.--If the Secretary
acquires the real property described in subsection (a) by way
of gift, the Secretary may accept in the deed of conveyance
terms or conditions that require that the land be reconveyed to
the donor, or the heirs of the donor, if Shaw Air Force Base
ceases operations and is closed.
(e) Descriptions of Property.--The exact acreage and legal
descriptions of the parcels of real property to be to be
exchanged, accepted, or otherwise acquired pursuant to
subsection (a) and exchanged pursuant to subsection (b) shall
be determined by a survey satisfactory to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the acquisition under subsection (a) or conveyance under
subsection (b) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2875. LAND CONVEYANCE, ELMENDORF AIR FORCE BASE, ALASKA.
(a) Conveyance to Private Person Authorized.--The Secretary
of the Air Force may convey to such private person as the
Secretary considers appropriate, all right, title, and interest
of the United States in and to a parcel of real property
consisting of approximately 31.69 acres that is located at
Elmendorf Air Force Base, Alaska, and identified in land lease
W-95-507-ENG-58.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the purchaser shall pay to the United
States an amount equal to the fair market value of the real
property to be conveyed, as determined by the Secretary. In
determining the fair market value of the real property, the
Secretary shall consider the property as encumbered by land
lease W-95-507-ENG-58, with an expiration date of June 13,
2024.
(c) Condition of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the condition that the
purchaser of the property--
(1) permit the lease of the apartment complex
located on the property by members of the Armed Forces
stationed at Elmendorf Air Force Base and their
dependents; and
(2) maintain the apartment complex in a condition
suitable for such leases.
(d) Deposit of Proceeds.--The Secretary shall deposit the
amount received from the purchaser under subsection (b) in the
special account established under section 204(h)(2) of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 485(h)(2)).
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
purchaser of the real property.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under this section as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2876. LAND CONVEYANCE, RADAR BOMB SCORING SITE, FORSYTH, MONTANA.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the City of Forsyth,
Montana (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to the
parcel of property (including any improvements thereon)
consisting of approximately 58 acres located in Forsyth,
Montana, which has served as a support complex and recreational
facilities for the Radar Bomb Scoring Site, Forsyth, Montana.
(b) Condition of Conveyance.--The conveyance under
subsection (a) shall be subject to the condition that the
City--
(1) utilize the property and recreational
facilities conveyed under that subsection for housing
and recreation purposes; or
(2) enter into an agreement with an appropriate
public or private entity to lease such property and
facilities to that entity for such purposes.
(c) Reversion.--If the Secretary determines at any time
that the property conveyed under subsection (a) is not being
utilized in accordance with paragraph (1) or paragraph (2) of
subsection (b), all right, title, and interest in and to the
conveyed property, including any improvements thereon, shall
revert to the United States and the United States shall have
the right of immediate entry onto the property.
(d) Description of Property.--The exact acreage and legal
description of the property conveyed under this section shall
be determined by a survey satisfactory to the Secretary. The
cost of the survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under this section as the Secretary determines
appropriate to protect the interests of the United States.
SEC. 2877. LAND CONVEYANCE, RADAR BOMB SCORING SITE, POWELL, WYOMING.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the Northwest College
Board of Trustees (in this section referred to as the
``Board''), all right, title, and interest of the United States
in and to a parcel of real property (including any improvements
thereon) consisting of approximately 24 acres located in
Powell, Wyoming, which has served as the location of a support
complex, recreational facilities, and housing facilities for
the Radar Bomb Scoring Site, Powell, Wyoming.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that the
Board use the property conveyed under that subsection for
housing and recreation purposes and for such other purposes as
the Secretary and the Board jointly determine appropriate.
(c) Reversionary Interest.--During the five-year period
beginning on the date that the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed property is not being used in accordance with
subsection (b), all right, title, and interest in and to the
conveyed property, including any improvements thereon, shall
revert to the United States and the United States shall have
the right of immediate entry onto the property.
(d) Description of Property.--The exact acreage and legal
description of the property conveyed under this section shall
be determined by a survey satisfactory to the Secretary. The
cost of the survey shall be borne by the Board.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under this section as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2878. LAND CONVEYANCE, AVON PARK AIR FORCE RANGE, FLORIDA.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to Highlands County, Florida
(in this section referred to as the ``County''), all right,
title, and interest of the United States in and to a parcel of
real property, together with any improvements thereon, located
within the boundaries of the Avon Park Air Force Range near
Sebring, Florida, which has previously served as the location
of a support complex and recreational facilities for the Avon
Park Air Force Range.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that the
County, directly or through an agreement with an appropriate
public or private entity, use the conveyed property, including
the support complex and recreational facilities, for operation
of a juvenile or other correctional facility.
(c) Reversionary Interest.--If the Secretary determines at
any time that the property conveyed under subsection (a) is not
being used in accordance with subsection (b), all right, title,
and interest in the property, including any improvements
thereon, shall revert to the United States, and the United
States shall have the right of immediate entry onto the
property.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
County.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under this section as the Secretary considers
appropriate to protect the interests of the United States.
Subtitle E--Land Conveyances Involving Utilities
SEC. 2881. CONVEYANCE OF RESOURCE RECOVERY FACILITY, FORT DIX, NEW
JERSEY.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to Burlington County, New Jersey (in this section
referred to as the ``County''), all right, title, and interest
of the United States in and to a parcel of real property at
Fort Dix, New Jersey, consisting of approximately six acres and
containing a resource recovery facility, known as the Fort Dix
resource recovery facility.
(b) Related Easements.--The Secretary may grant to the
County any easement that is necessary for access to and
operation of the resource recovery facility conveyed under
subsection (a).
(c) Requirement Relating to Conveyance.--The Secretary may
not carry out the conveyance of the resource recovery facility
authorized by subsection (a) unless the County agrees to accept
the facility in its existing condition at the time of the
conveyance.
(d) Conditions on Conveyance.--The conveyance of the
resource recovery facility authorized by subsection (a) is
subject to the following conditions:
(1) That the County provide refuse and steam
service to Fort Dix, New Jersey, at the rate
established by the appropriate Federal or State
regulatory authority.
(2) That the County comply with all applicable
environmental laws and regulations (including any
permit or license requirements) relating to the
resource recovery facility.
(3) That the County assume full responsibility for
ownership, operation, maintenance, repair, and all
regulatory compliance requirements for the resource
recovery facility.
(4) That the County not commence any expansion of
the resource recovery facility without approval of such
expansion by the Secretary.
(e) Description of the Property.--The exact acreage and
legal description of the real property to be conveyed under
subsection (a), and of any easements to be granted under
subsection (b), shall be determined by a survey satisfactory to
the Secretary. The cost of such survey shall be borne by the
County.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) and the grant of any
easement under subsection (b) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2882. CONVEYANCE OF WATER AND WASTEWATER TREATMENT PLANTS, FORT
GORDON, GEORGIA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to the city of Augusta, Georgia (in this section
referred to as the ``City''), all right, title, and interest of
the United States to several parcels of real property located
at Fort Gordon, Georgia, and consisting of approximately seven
acres each. The parcels are improved with a water filtration
plant, water distribution system with storage tanks, sewage
treatment plant, and sewage collection system.
(b) Related Easements.--The Secretary may grant to the City
any easement that is necessary for access to the real property
conveyed under subsection (a) and operation of the water and
wastewater treatment plants and distribution and collection
systems conveyed under subsection (a).
(c) Requirement Relating to Conveyance.--The Secretary may
not carry out the conveyance of the water and wastewater
treatment plants and distribution and collection systems
authorized by subsection (a) unless the City agrees to accept
the water and wastewater treatment plants and distribution and
collection systems in their existing condition at the time of
the conveyance.
(d) Conditions on Conveyance.--The conveyance authorized by
subsection (a) is subject to the following conditions:
(1) That the City provide water and sewer service
to Fort Gordon, Georgia, at a rate established by the
appropriate Federal or State regulatory authority.
(2) That the City comply with all applicable
environmental laws and regulations (including any
permit or license requirements) regarding the real
property conveyed under subsection (a).
(3) That the City assume full responsibility for
ownership, operation, maintenance, repair, and all
regulatory compliance requirements for the water and
wastewater treatment plants and distribution and
collection systems.
(4) That the City not commence any expansion of the
water and wastewater treatment plants and distribution
and collection systems without approval of such
expansion by the Secretary.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a), and of any easements granted under subsection
(b), shall be determined by a survey satisfactory to the
Secretary. The cost of such survey shall be borne by the City.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) and the grant of any
easement under subsection (b) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2883. CONVEYANCE OF ELECTRICITY DISTRIBUTION SYSTEM, FORT IRWIN,
CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to the Southern California Edison Company, California
(in this section referred to as the ``Company''), all right,
title, and interest of the United States in and to the
electricity distribution system located at Fort Irwin,
California.
(b) Description of System and Conveyance.--The electricity
distribution system authorized to be conveyed under subsection
(a) consists of approximately 115 miles of electricity
distribution lines (including poles, switches, reclosers,
transformers, regulators, switchgears, and service lines) and
includes the equipment, fixtures, structures, and other
improvements the Federal Government utilizes to provide
electricity services at Fort Irwin. The system does not include
any real property.
(c) Related Easements.--The Secretary may grant to the
Company any easement that is necessary for access to and
operation of the electricity distribution system conveyed under
subsection (a).
(d) Requirement Relating to Conveyance.--The Secretary may
not carry out the electricity distribution system authorized by
subsection (a) unless the Company agrees to accept the
electricity distribution system in its existing condition at
the time of the conveyance.
(e) Conditions on Conveyance.--The conveyance authorized by
subsection (a) is subject to the following conditions:
(1) That the Company provide electricity service to
Fort Irwin, California, at a rate established by the
appropriate Federal or State regulatory authority.
(2) That the Company comply with all applicable
environmental laws and regulations (including any
permit or license requirements) regarding the
electricity distribution system.
(3) That the Company assume full responsibility for
ownership, operation, maintenance, repair, and all
regulatory compliance requirements for the electricity
distribution system.
(4) That the Company not commence any expansion of
the electricity distribution system without approval of
such expansion by the Secretary.
(f) Description of Easement.--The exact acreage and legal
description of any easement granted under subsection (c) shall
be determined by a survey satisfactory to the Secretary. The
cost of such survey shall be borne by the Company.
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) and the grant of any
easement under subsection (c) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2884. CONVEYANCE OF WATER TREATMENT PLANT, FORT PICKETT, VIRGINIA.
(a) Authority To Convey.--(1) The Secretary of the Army may
convey to the Town of Blackstone, Virginia (in this section
referred to as the ``Town''), all right, title, and interest of
the United States in and to the property described in paragraph
(2).
(2) The property referred to in paragraph (1) is the
following property located at Fort Pickett, Virginia:
(A) A parcel of real property consisting of
approximately 10 acres, including a reservoir and
improvements thereon, the site of the Fort Pickett
water treatment plant.
(B) Any equipment, fixtures, structures, or other
improvements (including any water transmission lines,
water distribution and service lines, fire hydrants,
water pumping stations, and other improvements) not
located on the parcel described in subparagraph (A)
that are jointly identified by the Secretary and the
Town as owned and utilized by the Federal Government in
order to provide water to and distribute water at Fort
Pickett.
(b) Related Easements.--The Secretary may grant to the Town
the following easements relating to the conveyance of the
property authorized by subsection (a):
(1) Such easements, if any, as the Secretary and
the Town jointly determine are necessary in order to
provide access to the water distribution system
referred to in paragraph (2) of such subsection for
maintenance, safety, and other purposes.
(2) Such easements, if any, as the Secretary and
the Town jointly determine are necessary in order to
provide access to the finished water lines from the
system to the Town.
(3) Such rights of way appurtenant, if any, as the
Secretary and the Town jointly determine are necessary
in order to satisfy requirements imposed by any
Federal, State, or municipal agency relating to the
maintenance of a buffer zone around the water
distribution system.
(c) Water Rights.--The Secretary shall grant to the Town as
part of the conveyance under subsection (a) all right, title,
and interest of the United States in and to any water of the
Nottoway River, Virginia, that is connected with the reservoir
referred to in paragraph (2)(A) of such subsection. The grant
of such water rights shall not impair the right that any other
local jurisidiction may have to withdraw water from the
Nottoway River, on or after the date of the enactment of this
Act, pursuant to the law of the Commonwealth of Virginia.
(d) Requirements Relating to Conveyance.--(1) The Secretary
may not carry out the conveyance of the water distribution
system authorized under subsection (a) unless the Town agrees
to accept the system in its existing condition at the time of
the conveyance.
(2) The Secretary shall complete any environmental removal
or remediation required under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.) with respect to the system to be conveyed under
this section before carrying out the conveyance.
(e) Conditions on Conveyance.--The conveyance authorized in
subsection (a) shall be subject to the following conditions:
(1) That the Town reserve for provision to Fort
Pickett, and provide to Fort Pickett on demand, not
less than 1,500,000 million gallons per day of treated
water from the water distribution system.
(2) That the Town provide water to and distribute
water at Fort Pickett at a rate established by the
appropriate Federal or State regulatory authority.
(3) That the Town maintain and operate the water
distribution system in compliance with all applicable
Federal and State environmental laws and regulations
(including any permit and license requirements).
(f) Description of Property.--The exact legal description
of the property to be conveyed under subsection (a), of any
easements granted under subsection (b), and of any water rights
granted under subsection (c) shall be determined by a survey
and other means satisfactory to the Secretary. The cost of any
survey or other services performed at the direction of the
Secretary under the authority in the preceding sentence shall
be borne by the Town.
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance authorized under subsection (a), the easements
granted under subsection (b), and the water rights granted
under subsection (c) that the Secretary considers appropriate
to protect the interests of the United States.
Subtitle F--Other Matters
SEC. 2891. AUTHORITY TO USE FUNDS FOR CERTAIN EDUCATIONAL PURPOSES.
Section 2008 of title 10, United States Code, is amended by
striking out ``section 10'' and all that follows through the
period at the end and inserting in lieu thereof ``construction,
as defined in section 8013(3) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(3)), or to carry out
section 8008 of such Act (20 U.S.C. 7708), relating to the
provision of assistance to certain school facilities under the
impact aid program.''.
SEC. 2892. DEPARTMENT OF DEFENSE LABORATORY REVITALIZATION
DEMONSTRATION PROGRAM.
(a) Program Authorized.--The Secretary of Defense may carry
out a program (to be known as the ``Department of Defense
Laboratory Revitalization Demonstration Program'') for the
revitalization of Department of Defense laboratories. Under the
program, the Secretary may carry out minor military
construction projects in accordance with subsection (b) and
other applicable law to improve Department of Defense
laboratories covered by the program.
(b) Increased Maximum Amounts Applicable to Minor
Construction Projects.--For purpose of any military
construction project carried out under the program--
(1) the amount provided in the second sentence of
subsection (a)(1) of section 2805 of title 10, United
States Code, shall be deemed to be $3,000,000;
(2) the amount provided in subsection (b)(1) of
such section shall be deemed to be $1,500,000; and
(3) the amount provided in subsection (c)(1)(B) of
such section shall be deemed to be $1,000,000.
(c) Program Requirements.--(1) Not later than 30 days
before commencing the program, the Secretary shall--
(A) designate the Department of Defense
laboratories at which construction may be carried out
under the program; and
(B) establish procedures for the review and
approval of requests from such laboratories to carry
out such construction.
(2) The laboratories designated under paragraph (1)(A) may
not include Department of Defense laboratories that are
contractor owned.
(3) The Secretary shall notify Congress of the laboratories
designated under paragraph (1)(A).
(d) Report.--Not later than February 1, 1998, the Secretary
shall submit to Congress a report on the program. The report
shall include the Secretary's conclusions and recommendations
regarding the desirability of extending the authority set forth
in subsection (b) to cover all Department of Defense
laboratories.
(e) Exclusivity of Program.--Nothing in this section may be
construed to limit any other authority provided by law for any
military construction project at a Department of Defense
laboratory covered by the program.
(f) Definitions.--In this section:
(1) The term ``laboratory'' includes--
(A) a research, engineering, and
development center;
(B) a test and evaluation activity owned,
funded, and operated by the Federal Government
through the Department of Defense; and
(C) a supporting facility of a laboratory.
(2) The term ``supporting facility'', with respect
to a laboratory, means any building or structure that
is used in support of research, development, test, and
evaluation at the laboratory.
(g) Expiration of Authority.--The Secretary may not
commence a construction project under the program after
September 30, 1998.
SEC. 2893. AUTHORITY FOR PORT AUTHORITY OF STATE OF MISSISSIPPI TO USE
NAVY PROPERTY AT NAVAL CONSTRUCTION BATTALION
CENTER, GULFPORT, MISSISSIPPI.
(a) Joint Use Agreement Authorized.--The Secretary of the
Navy may enter into an agreement with the Port Authority of the
State of Mississippi (in this section referred to as the ``Port
Authority''), under which the Port Authority may use real
property comprising up to 50 acres located at the Naval
Construction Battalion Center, Gulfport, Mississippi (in this
section referred to as the ``Center'').
(b) Term of Agreement.--The agreement authorized under
subsection (a) may be for an initial period of not more than 15
years. Under the agreement, the Secretary shall provide the
Port Authority with an option to extend the agreement for at
least three additional periods of five years each.
(c) Conditions on Use.--The agreement authorized under
subsection (a) shall require the Port Authority--
(1) to suspend operations under the agreement in
the event Navy contingency operations are conducted at
the Center; and
(2) to use the property covered by the agreement in
a manner consistent with Navy operations conducted at
the Center.
(d) Consideration.--(1) As consideration for the use of the
property covered by the agreement under subsection (a), the
Port Authority shall pay to the Navy an amount equal to the
fair market rental value of the property, as determined by the
Secretary taking into consideration the Port Authority's use of
the property.
(2) The Secretary may include a provision in the agreement
requiring the Port Authority--
(A) to pay the Navy an amount (as determined by the
Secretary) to cover the costs of replacing at the
Center any facilities vacated by the Navy on account of
the agreement or to construct suitable replacement
facilities for the Navy; and
(B) to pay the Navy an amount (as determined by the
Secretary) for the costs of relocating Navy operations
from the vacated facilities to the replacement
facilities.
(e) Congressional Notification.--The Secretary may not
enter into the agreement authorized by subsection (a) until the
end of the 21-day period beginning on the date on which the
Secretary submits to Congress a report containing an
explanation of the terms of the proposed agreement and a
description of the consideration that the Secretary expects to
receive under the agreement.
(f) Use of Payment.--(1) In such amounts as are provided in
advance in appropriation Acts, the Secretary may use amounts
paid under subsection (d)(1) to pay for general supervision,
administration, and overhead expenses and for improvement,
maintenance, repair, construction, or restoration of the roads,
railways, and facilities serving the Center.
(2) In such amounts as are provided in advance in
appropriation Acts, the Secretary may use amounts paid under
subsection (d)(2) to pay for constructing new facilities, or
making modifications to existing facilities, that are necessary
to replace facilities vacated by the Navy on account of the
agreement under subsection (a) and for relocating operations of
the Navy from the vacated facilities to replacement facilities.
(g) Construction by Port Authority.--The Secretary may
authorize the Port Authority to demolish existing facilities
located on the property covered by the agreement under
subsection (a) and, consistent with the restriction specified
in subsection (c)(2), construct new facilities on the property
for joint use by the Port Authority and the Navy.
(h) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the agreement authorized under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2894. PROHIBITION ON JOINT USE OF NAVAL AIR STATION AND MARINE
CORPS AIR STATION, MIRAMAR, CALIFORNIA.
The Secretary of the Navy may not enter into any agreement
that provides for or permits civil aircraft to regularly use
Naval Air Station or Marine Corps Air Station, Miramar,
California.
SEC. 2895. REPORT REGARDING ARMY WATER CRAFT SUPPORT FACILITIES AND
ACTIVITIES.
Not later than February 15, 1996, the Secretary of the Army
shall submit to Congress a report setting forth--
(1) the location, assets, and mission of each Army
facility, active or reserve component, that supports
water transportation operations;
(2) an infrastructure inventory and utilization
rate of each Army facility supporting water
transportation operations;
(3) options for consolidating these operations to
reduce overhead; and
(4) actions that can be taken to respond
affirmatively to requests from the residents of Marcus
Hook, Pennsylvania, to close the Army Reserve facility
located in Marcus Hook and make the facility available
for use by the community.
SEC. 2896. RESIDUAL VALUE REPORTS.
(a) Reports Required.--The Secretary of Defense, in
coordination with the Director of the Office of Management and
Budget, shall submit to the congressional defense committees
status reports on the results of residual value negotiations
between the United States and Germany. Such status reports
shall be submitted within 30 days after the receipt of such
reports by the Office of Management and Budget.
(b) Content of Status Reports.--The status reports required
by subsection (a) shall include the following information:
(1) The estimated residual value of United States
capital value and improvements to facilities in Germany
that the United States has turned over to Germany.
(2) The actual value obtained by the United States
for each facility or installation turned over to
Germany.
(3) The reasons for any difference between the
estimated and actual value obtained.
SEC. 2897. SENSE OF CONGRESS AND REPORT REGARDING FITZSIMONS ARMY
MEDICAL CENTER, COLORADO.
(a) Findings.--Congress makes the following findings:
(1) Fitzsimons Army Medical Center in Aurora,
Colorado, was approved for closure in 1995 under the
Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(2) The University of Colorado Health Sciences
Center and the University of Colorado Hospital
Authority are in urgent need of space to maintain their
ability to deliver health care to meet the growing
demand for their services.
(3) Reuse of the Fitzsimons Army Medical Center at
the earliest opportunity would provide significant
benefit to the cities of Aurora, Colorado, and Denver,
Colorado.
(4) Reuse of the Fitzsimons Army Medical Center by
the communities in the vicinity of the center will
ensure that the center is fully utilized, thereby
providing a benefit to such communities.
(b) Sense of Congress.--It is the sense of Congress that--
(1) determinations as to the use by other
departments and agencies of the Federal Government of
buildings and property at military installations
approved for closure under the Defense Base Closure and
Realignment Act of 1990, including Fitzsimons Army
Medical Center, Colorado, should be completed as soon
as practicable;
(2) the Secretary of Defense should consider the
expedited transfer of appropriate facilities (including
facilities that remain operational) at such
installations to the redevelopment authorities for such
installations in order to ensure continuity of use of
such facilities after the closure of such
installations, in particular, the Secretary should
consider the expedited transfer of the Fitzsimons Army
Medical Center because of the significant preparation
underway by the redevelopment authority concerned;
(3) the Secretary should not enter into leases with
redevelopment authorities for facilities at such
installations until the Secretary determines that such
leases fall within the categorical exclusions
established by the Secretary pursuant to the National
Environmental Policy Act (42 U.S.C. 4321 et seq.).
(c) Report.--(1) Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on the
closure and redevelopment of Fitzsimons Army Medical Center.
(2) The report shall include the following:
(1) The results of the determinations as to the use
of buildings and property at Fitzsimons Army Medical
Center by other departments and agencies of the Federal
Government under section 2905(b)(1) of the Defense Base
Closure and Realignment Act of 1990.
(2) A description of any actions taken to expedite
such determinations.
(3) A discussion of any impediments raised as a
result of such determinations to the transfer or lease
of Fitzsimons Army Medical Center.
(4) A description of any actions taken by the
Secretary to lease Fitzsimons Army Medical Center to
the redevelopment authority.
(5) The results of any environmental reviews under
the National Environmental Policy Act in which such a
lease would fall into the categorical exclusions
established by the Secretary of the Army.
(6) The results of the environmental baseline
survey regarding Fitzsimons Army Medical Center and a
finding of suitability or nonsuitability.
TITLE XXIX--LAND CONVEYANCES INVOLVING JOLIET ARMY AMMUNITION PLANT,
ILLINOIS
SEC. 2901. SHORT TITLE.
This title may be cited as the ``Illinois Land Conservation
Act of 1995''.
SEC. 2902. DEFINITIONS.
For purposes of this title, the following definitions
apply:
(1) Administrator.--The term ``Administrator''
means the Administrator of the United States
Environmental Protection Agency.
(2) Agricultural purposes.--The term ``agricultural
purposes'' means the use of land for row crops,
pasture, hay, and grazing.
(3) Arsenal.--The term ``Arsenal'' means the Joliet
Army Ammunition Plant located in the State of Illinois.
(4) Arsenal land use concept.--The term ``Arsenal
land use concept'' means the land use proposals that
were developed and unanimously approved on May 30,
1995, by the Joliet Arsenal Citizen Planning
Commission.
(5) CERCLA.--The term ``CERCLA'' means the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(6) Environmental law.--The term ``environmental
law'' means all applicable Federal, State, and local
laws, regulations, and requirements related to
protection of human health, natural and cultural
resources, or the environment. Such term includes
CERCLA, the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.), the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), the Clean Air Act (42 U.S.C. 7401
et seq.), the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.), the Toxic
Substances Control Act (15 U.S.C. 2601 et seq.), and
the Safe Drinking Water Act (42 U.S.C. 300f et seq.).
(7) Hazardous substance.--The term ``hazardous
substance'' has the meaning given such term by section
101(14) of CERCLA (42 U.S.C. 9601(14)).
(8) MNP.--The term ``MNP'' means the Midewin
National Tallgrass Prairie established pursuant to
section 2914 and managed as a part of the National
Forest System.
(9) Person.--The term ``person'' has the meaning
given such term by section 101(21) of CERCLA (42 U.S.C.
9601(21)).
(10) Pollutant or contaminant.--The term
``pollutant or contaminant'' has the meaning given such
term by section 101(33) of CERCLA (42 U.S.C. 9601(33)).
(11) Release.--The term ``release'' has the meaning
given such term by section 101(22) of CERCLA (42 U.S.C.
9601(22)).
(12) Response action.--The term ``response action''
has the meaning given the term ``response'' by section
101(25) of CERCLA (42 U.S.C. 9601(25)).
Subtitle A--Conversion of Joliet Army Ammunition Plant to Midewin
National Tallgrass Prairie
SEC. 2911. PRINCIPLES OF TRANSFER.
(a) Land Use Plan.--The Congress ratifies in principle the
proposals generally identified by the land use plan which was
developed by the Joliet Arsenal Citizen Planning Commission and
unanimously approved on May 30, 1995.
(b) Transfer Without Reimbursement.--The area constituting
the Midewin National Tallgrass Prairie shall be transferred,
without reimbursement, to the Secretary of Agriculture.
(c) Management of MNP.--Management by the Secretary of
Agriculture of those portions of the Arsenal transferred to the
Secretary under this title shall be in accordance with sections
2914 and 2915 regarding the Midewin National Tallgrass Prairie.
(d) Security Measures.--The Secretary of the Army and the
Secretary of Agriculture shall each provide and maintain
physical and other security measures on such portion of the
Arsenal as is under the administrative jurisdiction of such
Secretary, unless the Secretary of the Army and the Secretary
of Agriculture agree otherwise. Such security measures (which
may include fences and natural barriers) shall include measures
to prevent members of the public from gaining unauthorized
access to such portions of the Arsenal as are under the
administrative jurisdiction of such Secretary and that may
endanger health or safety.
(e) Cooperative Agreements.--The Secretary of the Army, the
Secretary of Agriculture, and the Administrator are
individually and collectively authorized to enter into
cooperative agreements and memoranda of understanding among
each other and with other affected Federal agencies, State and
local governments, private organizations, and corporations to
carry out the purposes for which the Midewin National Tallgrass
Prairie is established.
(f) Interim Activities of the Secretary of Agriculture.--
Prior to transfer and subject to such reasonable terms and
conditions as the Secretary of the Army may prescribe, the
Secretary of Agriculture may enter upon the Arsenal property
for purposes related to planning, resource inventory, fish and
wildlife habitat manipulation (which may include prescribed
burning), and other such activities consistent with the
purposes for which the Midewin National Tallgrass Prairie is
established.
SEC. 2912. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND JURISDICTION
OVER ARSENAL.
(a) General Rule for Transfer of Jurisdiction.--
(1) Transfer required subject to response
actions.--Subject to subsection (d), not later than 270
days after the date of the enactment of this title, the
Secretary of the Army shall transfer, without
reimbursement, to the Secretary of Agriculture those
portions of the Arsenal that--
(A) are identified on the map described in
subsection (e)(1) as appropriate for transfer
under this subsection to the Secretary of
Agriculture; and
(B) the Secretary of the Army and the
Administrator concur in finding that all
response actions have been taken under CERCLA
necessary to protect human health and the
environment with respect to any hazardous
substance remaining on the property.
(2) Effect of less than complete transfer.--If the
concurrence requirement in paragraph (1)(B) results in
the transfer, within such 270-day period, of less than
all of the Arsenal property covered by paragraph
(1)(A), the Secretary of the Army and the Secretary of
Agriculture shall enter into a memorandum of
understanding providing for the performance by the
Secretary of the Army of the additional response
actions necessary to allow fulfillment of the
concurrence requirement with respect to such Arsenal
property. The memorandum of understanding shall be
entered into within 60 days of the end of such 270-day
period and shall include a schedule for the completion
of the additional response actions as soon as
practicable. Subject to subsection (d), the Secretary
of the Army shall transfer Arsenal property covered by
this paragraph to the Secretary of Agriculture as soon
as possible after the Secretary of the Army and the
Administrator concur that all additional response
actions have been taken under CERCLA necessary to
protect human health and the environment with respect
to any hazardous substance remaining on the property.
The Secretary of the Army may make transfers under this
paragraph on a parcel-by-parcel basis.
(3) Rule of construction regarding concurrences.--
For the purpose of reaching the concurrences required
by this subsection and subsection (b), if a response
action requires construction and installation of an
approved remedial design, the response action shall be
considered to have been taken when the construction and
installation of the approved remedial design is
completed and the remedy is demonstrated to the
satisfaction of the Administrator to be operating
properly and successfully.
(b) Special Transfer Requirements for Certain Parcels.--
Subject to subsection (d), the Secretary of the Army shall
transfer, without reimbursement, to the Secretary of
Agriculture the Arsenal property known as LAP Area Sites L2,
L3, and L5 and Manufacturing Area Site 1. The transfer shall
occur as soon as possible after the Secretary of the Army and
the Administrator concur that all response actions have been
taken under CERCLA necessary to protect human health and the
environment with respect to any hazardous substance remaining
on the property. The Secretary of the Army may make transfers
under this subsection on a parcel-by-parcel basis.
(c) Documentation of Environmental Condition of Parcels;
Assessment of Required Actions Under Other Environmental
Laws.--
(1) Documentation.--The Secretary of the Army and
the Administrator shall provide to the Secretary of
Agriculture all documentation and information that
exists on the date the documentation and information is
provided relating to the environmental condition of the
Arsenal property proposed for transfer under subsection
(a) or (b), including documentation that supports the
finding that all response actions have been taken under
CERCLA necessary to protect human health and the
environment with respect to any hazardous substance
remaining on the property.
(2) Assessment.--The Secretary of the Army shall
provide to the Secretary of Agriculture an assessment,
based on information in existence at the time the
assessment is provided, indicating what further action,
if any, is required under any environmental law (other
than CERCLA) on the Arsenal property proposed for
transfer under subsection (a) or (b).
(3) Time for submission of documentation and
assessment.--The documentation and assessments required
to be submitted to the Secretary of Agriculture under
this subsection shall be submitted--
(A) in the case of the transfers required
by subsection (a), not later than 210 days
after the date of the enactment of this title;
and
(B) in the case of the transfers required
by subsection (b), not later than 60 days
before the earliest date on which the property
could be transferred.
(4) Submission of additional information.--The
Secretary of the Army and the Administrator shall have
a continuing obligation to provide to the Secretary of
Agriculture any additional information regarding the
environmental condition of property to be transferred
under subsection (a) or (b) as such information becomes
available.
(d) Effect of Environmental Assessment.--
(1) Authority of secretary of agriculture to
decline immediate transfer.--If a parcel of Arsenal
property to be transferred under subsection (a) or (b)
includes property for which the assessment under
subsection (c)(2) concludes further action is required
under any environmental law (other than CERCLA), the
Secretary of Agriculture may decline immediate transfer
of the parcel. With respect to such a parcel, the
Secretary of the Army and the Secretary of Agriculture
shall enter into a memorandum of understanding
providing for the performance by the Secretary of the
Army of the required actions identified in the Army
assessment. The memorandum of understanding shall be
entered into within 90 days after the date on which the
Secretary of Agriculture declines immediate transfer of
the parcel and shall include a schedule for the
completion of the required actions as soon as
practicable.
(2) Eventual transfer.--In the case of a parcel of
Arsenal property that the Secretary of Agriculture
declines immediate transfer under paragraph (1), the
Secretary may accept transfer of the parcel at any time
after the original finding with respect to the parcel
that all response actions have been taken under CERCLA
necessary to protect human health and the environment
with respect to any hazardous substance remaining on
the property. The Secretary of Agriculture shall accept
transfer of the parcel as soon as possible after the
date on which all required further actions identified
in the assessment have been taken and the terms of any
memorandum of understanding have been satisfied.
(e) Identification of Arsenal Property for Transfer.--
(1) Map of proposed transfers.--The lands subject
to transfer to the Secretary of Agriculture under
subsections (a) and (b) and section 2916 are depicted
on the map dated September 22, 1995, which is on file
and available for public inspection at the Office of
the Chief of the Forest Service and the Office of the
Assistant Secretary of the Army for Installations,
Logistics and the Environment.
(2) Method of effecting transfer.--The Secretary of
the Army shall effect the transfer of jurisdiction of
Arsenal property under subsections (a) and (b) and
section 2916 by publication of notices in the Federal
Register. The Secretary of Agriculture shall give prior
concurrence to the publication of such notices. Each
notice published in the Federal Register shall refer to
the parcel being transferred by legal description,
references to maps or surveys, or other forms of
description mutually acceptable to the Secretary of the
Army and the Secretary of Agriculture. The Secretary of
the Army shall provide, without reimbursement, to the
Secretary of Agriculture copies of all surveys and land
title information on lands transferred under this
section or section 2916.
(f) Surveys.--All costs of necessary surveys for the
transfer of jurisdiction of Arsenal property from the Secretary
of the Army to the Secretary of Agriculture shall be borne by
the Secretary of Agriculture.
SEC. 2913. RESPONSIBILITY AND LIABILITY.
(a) Continued Liability of Secretary of the Army.--The
transfers of Arsenal property under sections 2912 and 2916, and
the requirements of such sections, shall not in any way affect
the responsibilities and liabilities of the Secretary of the
Army specified in this section. The Secretary of the Army shall
retain any obligation or other liability at the Arsenal that
the Secretary of the Army has under CERCLA or other
environmental laws. Following transfer of a portion of the
Arsenal under this subtitle, the Secretary of the Army shall be
accorded any easement or access to the property that may be
reasonably required by the Secretary to carry out the
obligation or satisfy the liability.
(b) Special Protections for Secretary of Agriculture.--The
Secretary of Agriculture shall not be liable under any
environmental law for matters which are related directly or
indirectly to activities of the Secretary of the Army at the
Arsenal or any party acting under the authority of the
Secretary of the Army at the Arsenal, including any of the
following:
(1) Costs or performance of response actions
required under CERCLA at or related to the Arsenal.
(2) Costs, penalties, fines, or performance of
actions related to noncompliance with any environmental
law at or related to the Arsenal or related to the
presence, release, or threat of release of any
hazardous substance, pollutant or contaminant,
hazardous waste, or hazardous material of any kind at
or related to the Arsenal, including contamination
resulting from migration of a hazardous substance,
pollutant or contaminant, hazardous waste, hazardous
material, or petroleum products or their derivatives.
(3) Costs or performance of actions necessary to
remedy noncompliance or another problem specified in
paragraph (2).
(c) Liability of Other Persons.--Nothing in this title
shall be construed to effect, modify, amend, repeal, alter,
limit or otherwise change, directly or indirectly, the
responsibilities or liabilities under any environmental law of
any person (including the Secretary of Agriculture), except as
provided in subsection (b) with respect to the Secretary of
Agriculture.
(d) Payment of Response Action Costs.--A Federal agency
that had or has operations at the Arsenal resulting in the
release or threatened release of a hazardous substance or
pollutant or contaminant for which that agency would be liable
under any environmental law, subject to the provisions of this
subtitle, shall pay the costs of related response actions and
shall pay the costs of related actions to remediate petroleum
products or the derivatives of the products, including motor
oil and aviation fuel.
(e) Consultation.--
(1) Responsibility of secretary of agriculture.--
The Secretary of Agriculture shall consult with the
Secretary of the Army with respect to the management by
the Secretary of Agriculture of real property included
in the Midewin National Tallgrass Prairie subject to
any response action or other action at the Arsenal
being carried out by or under the authority of the
Secretary of the Army under any environmental law. The
Secretary of Agriculture shall consult with the
Secretary of the Army prior to undertaking any
activities on the Midewin National Tallgrass Prairie
that may disturb the property to ensure that such
activities will not exacerbate contamination problems
or interfere with performance by the Secretary of the
Army of response actions at the property.
(2) Responsibility of secretary of the army.--In
carrying out response actions at the Arsenal, the
Secretary of the Army shall consult with the Secretary
of Agriculture to ensure that such actions are carried
out in a manner consistent with the purposes for which
the Midewin National Tallgrass Prairie is established,
as specified in section 2914(c), and the other
provisions of sections 2914 and 2915.
SEC. 2914. ESTABLISHMENT AND ADMINISTRATION OF MIDEWIN NATIONAL
TALLGRASS PRAIRIE.
(a) Establishment.--On the effective date of the initial
transfer of jurisdiction of portions of the Arsenal to the
Secretary of Agriculture under section 2912(a), the Secretary
of Agriculture shall establish the Midewin National Tallgrass
Prairie. The MNP shall--
(1) be administered by the Secretary of
Agriculture; and
(2) consist of the real property so transferred and
such other portions of the Arsenal subsequently
transferred under section 2912(b) or 2916 or acquired
under section 2914(d).
(b) Administration.--
(1) In general.--The Secretary of Agriculture shall
manage the Midewin National Tallgrass Prairie as a part
of the National Forest System in accordance with this
title and the laws, rules, and regulations pertaining
to the National Forest System, except that the
Bankhead-Jones Farm Tenant Act of 1937 (7 U.S.C. 1010-
1012) shall not apply to the MNP.
(2) Initial management activities.--In order to
expedite the administration and public use of the
Midewin National Tallgrass Prairie, the Secretary of
Agriculture may conduct management activities at the
MNP to effectuate the purposes for which the MNP is
established, as set forth in subsection (c), in advance
of the development of a land and resource management
plan for the MNP.
(3) Land and resource management plan.--In
developing a land and resource management plan for the
Midewin National Tallgrass Prairie, the Secretary of
Agriculture shall consult with the Illinois Department
of Natural Resources and local governments adjacent to
the MNP and provide an opportunity for public comment.
Any parcel transferred to the Secretary of Agriculture
under this title after the development of a land and
resource management plan for the MNP may be managed in
accordance with such plan without need for an amendment
to the plan.
(c) Purposes of the Midewin National Tallgrass Prairie.--
The Midewin National Tallgrass Prairie is established to be
managed for National Forest System purposes, including the
following:
(1) To manage the land and water resources of the
MNP in a manner that will conserve and enhance the
native populations and habitats of fish, wildlife, and
plants.
(2) To provide opportunities for scientific,
environmental, and land use education and research.
(3) To allow the continuation of agricultural uses
of lands within the MNP consistent with section
2915(b).
(4) To provide a variety of recreation
opportunities that are not inconsistent with the
preceding purposes.
(d) Other Land Acquisition for MNP.--
(1) Availability of land acquisition funds.--
Notwithstanding section 7 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the
Secretary of Agriculture may use monies appropriated
from the Land and Water Conservation Fund established
under section 2 of such Act (16 U.S.C. 460l-5) for the
acquisition of lands and interests in land for
inclusion in the Midewin National Tallgrass Prairie.
(2) Acquisition of lands.--The Secretary of
Agriculture may acquire lands or interests therein for
inclusion in the Midewin National Tallgrass Prairie by
donation, purchase, or exchange, except that the
acquisition of private lands for inclusion in the MNP
shall be on a willing seller basis only.
(e) Cooperation With States, Local Governments and Other
Entities.--In the management of the Midewin National Tallgrass
Prairie, the Secretary of Agriculture is authorized and
encouraged to cooperate with appropriate Federal, State and
local governmental agencies, private organizations and
corporations. Such cooperation may include cooperative
agreements as well as the exercise of the existing authorities
of the Secretary under the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2101 et seq.) and the Forest and Rangeland
Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et
seq.). The objects of such cooperation may include public
education, land and resource protection, and cooperative
management among government, corporate, and private landowners
in a manner which furthers the purposes for which the Midewin
National Tallgrass Prairie is established.
SEC. 2915. SPECIAL MANAGEMENT REQUIREMENTS FOR MIDEWIN NATIONAL
TALLGRASS PRAIRIE.
(a) Prohibition Against the Construction of New Through
Roads.--No new construction of any highway, public road, or any
part of the interstate system, whether Federal, State, or
local, shall be permitted through or across any portion of the
Midewin National Tallgrass Prairie. Nothing in this title shall
preclude construction and maintenance of roads for use within
the MNP, the granting of authorizations for utility rights-of-
way under applicable Federal law, or such access as is
necessary. Nothing in this title shall preclude necessary
access by the Secretary of the Army for purposes of restoration
and cleanup as provided in this title.
(b) Agricultural Leases and Special Use Authorizations.--
Within the Midewin National Tallgrass Prairie, use of the lands
for agricultural purposes shall be permitted subject to the
following terms and conditions:
(1) If at the time of transfer of jurisdiction
under section 2912 or 2916 there exists any lease
issued by the Secretary of the Army or the Secretary of
Defense for agricultural purposes upon the parcel
transferred, the Secretary of Agriculture shall issue a
special use authorization to supersede the lease. The
terms of the special use authorization shall be
identical in substance to the lease that the special
use authorization is superseding, including the
expiration date and any payments owed the United
States. On issuance of the special use authorization,
the lease shall become void.
(2) In addition to the authority provided in
paragraph (1), the Secretary of Agriculture may issue
special use authorizations to persons for use of the
Midewin National Tallgrass Prairie for agricultural
purposes. Special use authorizations issued pursuant to
this paragraph shall include terms and conditions as
the Secretary of Agriculture may deem appropriate.
(3) No agricultural special use authorization shall
be issued for agricultural purposes which has a term
extending beyond the date 20 years from the date of the
enactment of this title, except that nothing in this
title shall preclude the Secretary of Agriculture from
issuing agricultural special use authorizations or
grazing permits which are effective after twenty years
from the date of enactment of this title for purposes
primarily related to erosion control, provision for
food and habitat for fish and wildlife, or other
resource management activities consistent with the
purposes of the Midewin National Tallgrass Prairie.
(c) Treatment of Rental Fees.--Monies received under a
special use authorization issued under subsection (b) shall be
subject to distribution to the State of Illinois and affected
counties pursuant to the Act of May 23, 1908, and section 13 of
the Act of March 1, 1911 (16 U.S.C. 500). All monies not
distributed pursuant to such Acts shall be covered into the
Treasury and shall constitute a special fund (to be known as
the ``MNP Rental Fee Account''). The Secretary of Agriculture
may use amounts in the fund, until expended and without fiscal
year limitation, to cover the cost to the United States of
prairie improvement work at the Midewin National Tallgrass
Prairie. Any amounts in the fund that the Secretary of
Agriculture determines to be in excess of the cost of doing
such work shall be transferred, upon such determination, to
miscellaneous receipts, Forest Service Fund, as a National
Forest receipt of the fiscal year in which the transfer is
made.
(d) User Fees.--The Secretary of Agriculture is authorized
to charge reasonable fees for the admission, occupancy, and use
of the Midewin National Tallgrass Prairie and may prescribe a
fee schedule providing for reduced or a waiver of fees for
persons or groups engaged in authorized activities including
those providing volunteer services, research, or education. The
Secretary shall permit admission, occupancy, and use at no
additional charge for persons possessing a valid Golden Eagle
Passport or Golden Age Passport.
(e) Salvage of Improvements.--The Secretary of Agriculture
may sell for salvage value any facilities and improvements
which have been transferred to the Secretary pursuant to this
title.
(f) Treatment of User Fees and Salvage Receipts.--Monies
collected pursuant to subsections (d) and (e) shall be covered
into the Treasury and constitute a special fund (to be known as
the ``Midewin National Tallgrass Prairie Restoration Fund'').
The Secretary of Agriculture may use amounts in the fund, in
such amounts as are provided in advance in appropriation Acts,
for restoration and administration of the Midewin National
Tallgrass Prairie, including construction of a visitor and
education center, restoration of ecosystems, construction of
recreational facilities (such as trails), construction of
administrative offices, and operation and maintenance of the
MNP. The Secretary of Agriculture shall include the MNP among
the areas under the jurisdiction of the Secretary selected for
inclusion in any cost recovery or any pilot program of the
Secretary for the collection, use, and distribution of user
fees.
SEC. 2916. SPECIAL TRANSFER RULES FOR CERTAIN ARSENAL PARCELS INTENDED
FOR MNP.
(a) Description of Parcels.--The following areas of the
Arsenal may be transferred under this section:
(1) Study Area 2, explosive burning ground.
(2) Study Area 3, flashing ground.
(3) Study Area 4, lead azide area.
(4) Study Area 10, toluene tank farms.
(5) Study Area 11, landfill.
(6) Study Area 12, sellite manufacturing area.
(7) Study Area 14, former pond area.
(8) Study Area 15, sewage treatment plan.
(9) Study Area L1, load assemble packing area,
group 61.
(10) Study Area L4, landfill area.
(11) Study Area L7, group 1.
(12) Study Area L8, group 2.
(13) Study Area L9, group 3.
(14) Study Area L10, group 3A.
(15) Study Area L14, group 4.
(16) Study Area L15, group 5.
(17) Study Area L18, group 8.
(18) Study Area L19, group 9.
(19) Study Area L33, PVC area.
(20) Any other lands proposed for transfer as
depicted on the map described in section 2912(e)(1) and
not otherwise specifically identified for transfer
under this subtitle.
(b) Information Regarding Environmental Condition of
Parcels; Assessment of Required Actions Under Other
Environmental Laws.--
(1) Information.--Not later than 180 days after the
date on which the Secretary of the Army and the
Administrator concur in finding that, with respect to a
parcel of Arsenal property described in subsection (a),
all response actions have been taken under CERCLA
necessary to protect human health and the environment
with respect to any hazardous substance remaining on
the parcel, the Secretary of the Army and the
Administrator shall provide to the Secretary of
Agriculture all information that exists on such date
regarding the environmental condition of the parcel and
the implementation of any response action, including
information regarding the effectiveness of the response
action.
(2) Assessment.--At the same time as information is
provided under paragraph (1) with regard to a parcel of
Arsenal property described in subsection (a), the
Secretary of the Army shall provide to the Secretary of
Agriculture an assessment, based on information in
existence at the time the assessment is provided,
indicating what further action, if any, is required
under any environmental law (other than CERCLA) with
respect to the parcel.
(3) Submission of additional information.--The
Secretary of the Army and the Administrator shall have
a continuing obligation to provide to the Secretary of
Agriculture any additional information regarding the
environmental condition of a parcel of the Arsenal
property described in subsection (a) as such
information becomes available.
(c) Offer of Transfer.--Not later than 180 days after the
date on which information is provided under subsection (b)(1)
with regard to a parcel of the Arsenal property described in
subsection (a), the Secretary of the Army shall offer the
Secretary of Agriculture the option of accepting a transfer of
the parcel, without reimbursement, to be added to the Midewin
National Tallgrass Prairie. The transfer shall be subject to
the terms and conditions of this subtitle, including the
liability provisions contained in section 2913. The Secretary
of Agriculture has the option to accept or decline the offered
transfer. The transfer of property under this section may be
made on a parcel-by-parcel basis.
(d) Effect of Environmental Assessment.--
(1) Authority of secretary of agriculture to
decline transfer.--If a parcel of Arsenal property
described in subsection (a) includes property for which
the assessment under subsection (b)(2) concludes
further action is required under any other
environmental law, the Secretary of Agriculture may
decline any transfer of the parcel. Alternatively, the
Secretary of Agriculture may decline immediate transfer
of the parcel and enter into a memorandum of
understanding with the Secretary of the Army providing
for the performance by the Secretary of the Army of the
required actions identified in the Army assessment with
respect to the parcel. The memorandum of understanding
shall be entered into within 90 days, or such later
date as the Secretaries may establish, after the date
on which the Secretary of Agriculture declines
immediate transfer of the parcel and shall include a
schedule for the completion of the required actions as
soon as practicable.
(2) Eventual transfer.--The Secretary of
Agriculture may accept or decline at any time for any
reason the transfer of a parcel covered by this
section. However, if the Secretary of Agriculture and
the Secretary of the Army enter into a memorandum of
understanding under paragraph (1) providing for
transfer of the parcel, the Secretary of Agriculture
shall accept transfer of the parcel as soon as possible
after the date on which all required further actions
identified in the assessment have been taken and the
requirements of the memorandum of understanding have
been satisfied.
(e) Rule of Construction Regarding Concurrences.--For the
purpose of the reaching the concurrence required by subsection
(b)(1), if a response action requires construction and
installation of an approved remedial design, the response
action shall be considered to have been taken when the
construction and installation of the approved remedial design
is completed and the remedy is demonstrated to the satisfaction
of the Administrator to be operating properly and successfully.
(f) Inclusions and Exceptions.--
(1) Inclusions.--The parcels of Arsenal property
described in subsection (a) shall include all
associated inventoried buildings and structures as
identified in the Joliet Army Ammunition Plant
Plantwide Building and Structures Report and the
contaminate study sites for both the manufacturing and
load assembly and packing sites of the Arsenal as shown
in the Dames and Moore Final Report, Phase 2 Remedial
Investigation Manufacturing (MFG) Area Joliet Army
Ammunition Plant, Joliet, Illinois (May 30, 1993,
Contract No. DAAA15-90-D-0015 task order No. 6 prepared
for the United States Army Environmental Center).
(2) Exception.--The parcels described in subsection
(a) shall not include the property at the Arsenal
designated for transfer or conveyance under subtitle B.
Subtitle B--Other Land Conveyances Involving Joliet Army Ammunition
Plant
SEC. 2921. CONVEYANCE OF CERTAIN REAL PROPERTY AT ARSENAL FOR A
NATIONAL CEMETERY.
(a) Conveyance Authorized.--Subject to section 2931, the
Secretary of the Army may transfer, without reimbursement, to
the Secretary of Veterans Affairs the parcel of real property
at the Arsenal described in subsection (b) for use as a
national cemetery operated as part of the National Cemetery
System of the Department of Veterans Affairs under chapter 24
of title 38, United States Code.
(b) Description of Property.--The real property authorized
to be transferred under subsection (a) is a parcel of real
property at the Arsenal consisting of approximately 982 acres,
the approximate legal description of which includes part of
sections 30 and 31, Jackson Township, Township 34 North, Range
10 East, and part of sections 25 and 36, Channahon Township,
Township 34 North, Range 10 East, Will County, Illinois, as
depicted in the Arsenal land use concept.
(c) Security Measures.--The Secretary of Veterans Affairs
shall provide and maintain physical and other security measures
on the real property transferred under subsection (a). Such
security measures (which may include fences and natural
barriers) shall include measures to prevent members of the
public from gaining unauthorized access to the portion of the
Arsenal that is under the administrative jurisdiction of the
Secretary of Veterans Affairs and that may endanger health or
safety.
(d) Surveys.--All costs of necessary surveys for the
transfer of jurisdiction of Arsenal properties from the
Secretary of the Army to the Secretary of Veterans Affairs
shall be borne solely by the Secretary of Veterans Affairs.
SEC. 2922. CONVEYANCE OF CERTAIN REAL PROPERTY AT ARSENAL FOR A COUNTY
LANDFILL.
(a) Conveyance Authorized.--Subject to section 2931, the
Secretary of the Army may convey, without compensation, to Will
County, Illinois, all right, title, and interest of the United
States in and to the parcel of real property at the Arsenal
described in subsection (b), which shall be operated as a
landfill by the County.
(b) Description of Property.--The real property authorized
to be conveyed under subsection (a) is a parcel of real
property at the Arsenal consisting of approximately 455 acres,
the approximate legal description of which includes part of
sections 8, 9, 16, and 17, Florence Township, Township 33
North, Range 10 East, Will County, Illinois, as depicted in the
Arsenal land use concept.
(c) Condition on Conveyance.--The conveyance shall be
subject to the condition that the Department of the Army, the
Department of Veterans Affairs, and the Department of
Agriculture (or their agents or assigns) may use the landfill
established on the real property conveyed under subsection (a)
for the disposal of construction debris, refuse, and other
materials related to any restoration and cleanup of Arsenal
property. Such use shall be subject to applicable environmental
laws and at no cost to the Federal Government.
(d) Reversionary Interest.--If, at the end of the five-year
period beginning on the date of the conveyance under subsection
(a), the Secretary of Agriculture determines that the conveyed
property is not opened for operation as a landfill, then, at
the option of the Secretary of Agriculture, all right, title,
and interest in and to the property, including improvements
thereon, shall revert to the United States. Upon any such
reversion, the property shall be included in the Midewin
National Tallgrass Prairie. In the event the United States
exercises its option to cause the property to revert, the
United States shall have the right of immediate entry onto the
property.
(e) Information Regarding Environmental Conditions.--At the
request of the Secretary of Agriculture, Will County, the
Secretary of the Army, and the Administrator shall provide to
the Secretary of Agriculture all information in their
possession at the time of the request regarding the
environmental condition of the real property to be conveyed
under this section. The liability and responsibility of any
person under any environmental law shall remain unchanged with
respect to the landfill, except as provided in this title,
including section 2913.
(f) Surveys.--All costs of necessary surveys for the
conveyance of real property under this section shall be borne
by Will County, Illinois.
(g) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the conveyance under this section as the
Secretary of the Army considers appropriate to protect the
interests of the United States.y
SEC. 2923. CONVEYANCE OF CERTAIN REAL PROPERTY AT ARSENAL FOR
INDUSTRIAL PARKS.
(a) Conveyance Authorized.--Subject to section 2931, the
Secretary of the Army may convey to the State of Illinois, all
right, title, and interest of the United States in and to the
parcels of real property at the Arsenal described in subsection
(b), which shall be used as industrial parks to replace all or
a part of the economic activity lost at the Arsenal.
(b) Description of Property.--The real property at the
Arsenal authorized to be transferred under subsection (a)
consists of the following parcels:
(1) A parcel of approximately 1,900 acres, the
approximate legal description of which includes part of
section 30, Jackson Township, Township 34 North, Range
10 East, and sections or parts of sections 24, 25, 26,
35, and 36, Township 34 North, Range 9 East, in
Channahon Township, an area of 9.77 acres around the
Des Plaines River Pump Station located in the southeast
quarter of section 15, Township 34 North, Range 9 East
of the Third Principal Meridian, in Channahon Township,
and an area of 511 feet by 596 feet around the Kankakee
River Pump Station in the Northwest Quarter of section
5, Township 33 North, Range 9 East, east of the Third
Principal Meridian in Wilmington Township, containing
6.99 acres, located along the easterly side of the
Kankakee Cut-Off in Will County, Illinois, as depicted
in the Arsenal land use concept, and the connecting
piping to the northern industrial site, as described by
the United States Army Report of Availability, dated 13
December 1993.
(2) A parcel of approximately 1,100 acres, the
approximate legal description of which includes part of
sections 16, 17, and 18 in Florence Township, Township
33 North, Range 10 East, Will County, Illinois, as
depicted in the Arsenal land use concept.
(c) Consideration.--
(1) Delay in payment of consideration.--After the
end of the 20-year period beginning on the date on
which the conveyance under subsection (a) is completed,
the State of Illinois shall pay to the United States an
amount equal to fair market value of the conveyed
property as of the time of the conveyance.
(2) Effect of reconveyance by state.--If the State
of Illinois reconveys all or any part of the conveyed
property during such 20-year period, the State shall
pay to the United States an amount equal to the fair
market value of the reconveyed property as of the time
of the reconveyance, excluding the value of any
improvements made to the property by the State.
(3) Determination of fair market value.--The
Secretary of the Army shall determine fair market value
in accordance with Federal appraisal standards and
procedures.
(4) Treatment of leases.--The Secretary of the Army
may treat a lease of the property within such 20-year
period as a reconveyance if the Secretary determines
that the lease is being used to avoid application of
paragraph (2).
(5) Deposit of proceeds.--The Secretary of the Army
shall deposit any proceeds received under this
subsection in the special account established pursuant
to section 204(h)(2) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C.
485(h)(2)).
(d) Conditions of Conveyance.--
(1) Redevelopment authority.--The conveyance under
subsection (a) shall be subject to the condition that
the Governor of the State of Illinois, in consultation
with the Mayor of the Village of Elwood, Illinois, and
the Mayor of the City of Wilmington, Illinois,
establish a redevelopment authority to be responsible
for overseeing the development of the industrial parks
on the conveyed property.
(2) Time for establishment.--To satisfy the
condition specified in paragraph (1), the redevelopment
authority shall be established within one year after
the date of the enactment of this title.
(e) Surveys.--All costs of necessary surveys for the
conveyance of real property under this section shall be borne
by the State of Illinois.
(f) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the conveyance under this section as the
Secretary considers appropriate to protect the interests of the
United States.
Subtitle C--Miscellaneous Provisions
SEC. 2931. DEGREE OF ENVIRONMENTAL CLEANUP.
(a) In General.--Nothing in this title shall be construed
to restrict or lessen the degree of cleanup at the Arsenal
required to be carried out under provisions of any
environmental law.
(b) Response Action.--The establishment of the Midewin
National Tallgrass Prairie under subtitle A and the additional
real property transfers or conveyances authorized under
subtitle B shall not restrict or lessen in any way any response
action or degree of cleanup under CERCLA or other environmental
law, or any action required under any environmental law to
remediate petroleum products or their derivatives (including
motor oil and aviation fuel), required to be carried out under
the authority of the Secretary of the Army at the Arsenal and
surrounding areas.
(c) Environmental Quality of Property.--Any contract for
sale, deed, or other transfer of real property under subtitle B
shall be carried out in compliance with all applicable
provisions of section 120(h) of CERCLA and other environmental
laws.
SEC. 2932. RETENTION OF PROPERTY USED FOR ENVIRONMENTAL CLEANUP.
(a) Retention of Certain Property.--Unless and until the
Arsenal property described in this subsection is actually
transferred or conveyed under this title or other applicable
law, the Secretary of the Army may retain jurisdiction,
authority, and control over real property at the Arsenal to be
used for--
(1) water treatment;
(2) the treatment, storage, or disposal of any
hazardous substance, pollutant or contaminant,
hazardous material, or petroleum products or their
derivatives;
(3) other purposes related to any response action
at the Arsenal; and
(4) other actions required at the Arsenal under any
environmental law to remediate contamination or
conditions of noncompliance with any environmental law.
(b) Conditions.--The Secretary of the Army shall consult
with the Secretary of Agriculture regarding the identification
and management of the real property retained under this section
and ensure that activities carried out on that property are
consistent, to the extent practicable, with the purposes for
which the Midewin National Tallgrass Prairie is established, as
specified in section 2914(c), and with the other provisions of
sections 2914 and 2915.
(c) Priority of Response Actions.--In the case of any
conflict between management of the property by the Secretary of
Agriculture and any response action required under CERCLA, or
any other action required under any other environmental law,
including actions to remediate petroleum products or their
derivatives, the response action or other action shall take
priority.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) Stockpile Stewardship.--Subject to subsection (d),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for stockpile
stewardship in carrying out weapons activities necessary for
national security programs in the amount of $1,567,175,000, to
be allocated as follows:
(1) For core stockpile stewardship, $1,159,708,000,
to be allocated as follows:
(A) For operation and maintenance,
$1,078,403,000.
(B) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification of
facilities, and the continuation of projects
authorized in prior years, and land acquisition
related thereto), $81,305,000, to be allocated
as follows:
Project 96-D-102, stockpile
stewardship facilities revitalization,
Phase VI, various locations,
$2,520,000.
Project 96-D-103, ATLAS, Los Alamos
National Laboratory, Los Alamos, New
Mexico, $8,400,000.
Project 96-D-104, processing and
environmental technology laboratory
(PETL), Sandia National Laboratories,
Albuquerque, New Mexico, $1,800,000.
Project 96-D-105, contained firing
facility addition, Lawrence Livermore
National Laboratory, Livermore,
California, $6,600,000.
Project 95-D-102, Chemical and
Metallurgy Research Building upgrades
project, Los Alamos National
Laboratory, Los Alamos, New Mexico,
$9,940,000.
Project 94-D-102, nuclear weapons
research, development, and testing
facilities revitalization, Phase V,
various locations, $12,200,000.
Project 93-D-102, Nevada support
facility, North Las Vegas, Nevada,
$15,650,000.
Project 90-D-102, nuclear weapons
research, development, and testing
facilities revitalization, Phase III,
various locations, $6,200,000.
Project 88-D-106, nuclear weapons
research, development, and testing
facilities revitalization, Phase II,
various locations, $17,995,000.
(2) For inertial fusion, $240,667,000, to be
allocated as follows:
(A) For operation and maintenance,
$203,267,000.
(B) For the following plant project
(including maintenance, restoration, planning,
construction, acquisition, and modification of
facilities, and land acquisition related
thereto), $37,400,000:
Project 96-D-111, national ignition
facility, location to be determined,
$37,400,000.
(3) For technology transfer and education,
$160,000,000.
(4) For Marshall Islands, $6,800,000.
(b) Stockpile Management.--Subject to subsection (d), funds
are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1996 for stockpile management in
carrying out weapons activities necessary for national security
programs in the amount of $2,025,083,000, to be allocated as
follows:
(1) For operation and maintenance, $1,911,458,000.
(2) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $113,625,000, to be
allocated as follows:
Project 96-D-122, sewage treatment quality
upgrade (STQU), Pantex Plant, Amarillo, Texas,
$600,000.
Project 96-D-123, retrofit heating,
ventilation, and air conditioning and chillers
for ozone protection, Y-12 Plant, Oak Ridge,
Tennessee, $3,100,000.
Project 96-D-125, Washington measurements
operations facility, Andrews Air Force Base,
Camp Springs, Maryland, $900,000.
Project 96-D-126, tritium loading line
modifications, Savannah River Site, South
Carolina, $12,200,000.
Project 95-D-122, sanitary sewer upgrade,
Y-12 Plant, Oak Ridge, Tennessee, $6,300,000.
Project 94-D-124, hydrogen fluoride supply
system, Y-12 Plant, Oak Ridge, Tennessee,
$8,700,000.
Project 94-D-125, upgrade life safety,
Kansas City Plant, Kansas City, Missouri,
$5,500,000.
Project 94-D-127, emergency notification
system, Pantex Plant, Amarillo, Texas,
$2,000,000.
Project 94-D-128, environmental safety and
health analytical laboratory, Pantex Plant,
Amarillo, Texas, $4,000,000.
Project 93-D-122, life safety upgrades, Y-
12 Plant, Oak Ridge, Tennessee, $7,200,000.
Project 93-D-123, complex-21, various
locations, $41,065,000.
Project 88-D-122, facilities capability
assurance program, various locations,
$8,660,000.
Project 88-D-123, security enhancement,
Pantex Plant, Amarillo, Texas, $13,400,000.
(c) Program Direction.--Subject to subsection (d), funds
are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1996 for program direction in carrying
out weapons activities necessary for national security programs
in the amount of $115,000,000.
(d) Adjustments.--The total amount authorized to be
appropriated pursuant to this section is the sum of the amounts
authorized to be appropriated in subsections (a) through (c)
reduced by the sum of--
(1) $37,200,000, for savings resulting from
procurement reform; and
(2) $209,744,000, for use of prior year balances.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) Environmental Restoration.--Subject to subsection (h),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for environmental
restoration in carrying out environmental restoration and waste
management activities necessary for national security programs
in the amount of $1,635,973,000.
(b) Waste Management.--Subject to subsection (h), funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 1996 for waste management in carrying
out environmental restoration and waste management activities
necessary for national security programs in the amount of
$2,470,598,000, to be allocated as follows:
(1) For operation and maintenance, $2,295,994,000.
(2) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $174,604,000, to be
allocated as follows:
Project 96-D-406, spent nuclear fuels
canister storage and stabilization facility,
Richland, Washington, $42,000,000.
Project 96-D-407, mixed waste/low-level
waste treatment projects, Rocky Flats Plant,
Golden, Colorado, $2,900,000.
Project 96-D-408, waste management
upgrades, various locations, $5,615,000.
Project 95-D-402, install permanent
electrical service, Waste Isolation Pilot
Plant, Carlsbad, New Mexico, $4,314,000.
Project 95-D-405, industrial landfill V and
construction/demolition landfill VII, Phase
III, Y-12 Plant, Oak Ridge, Tennessee,
$4,600,000.
Project 95-D-406, road 5-01 reconstruction,
area 5, Nevada Test Site, Nevada, $1,023,000.
Project 95-D-407, 219-S secondary
containment upgrade, Richland Washington,
$1,000,000.
Project 94-D-400, high explosive wastewater
treatment system, Los Alamos National
Laboratory, Los Alamos, New Mexico, $4,445,000.
Project 94-D-402, liquid waste treatment
system, Nevada Test Site, Nevada, $282,000.
Project 94-D-404, Melton Valley storage
tank capacity increase, Oak Ridge National
Laboratory, Oak Ridge, Tennessee, $11,000,000.
Project 94-D-407, initial tank retrieval
systems, Richland, Washington, $12,000,000.
Project 94-D-411, solid waste operation
complex, Richland, Washington, $6,606,000.
Project 93-D-178, building 374 liquid waste
treatment facility, Rocky Flats Plant, Golden,
Colorado, $3,900,000.
Project 93-D-181, radioactive liquid waste
line replacement, Richland, Washington,
$5,000,000.
Project 93-D-182, replacement of cross-site
transfer system, Richland, Washington,
$19,795,000.
Project 93-D-187, high-level waste removal
from filled waste tanks, Savannah River Site,
South Carolina, $19,700,000.
Project 92-D-171, mixed waste receiving and
storage facility, Los Alamos National
Laboratory, Los Alamos, New Mexico, $1,105,000.
Project 92-D-188, waste management
environmental, safety and health (ES&H) and
compliance activities, various locations,
$1,100,000.
Project 90-D-172, aging waste transfer
lines, Richland, Washington, $2,000,000.
Project 90-D-177, RWMC transuranic (TRU)
waste characterization and storage facility,
Idaho National Engineering Laboratory, Idaho,
$1,428,000.
Project 90-D-178, TSA retrieval enclosure,
Idaho National Engineering Laboratory, Idaho,
$2,606,000.
Project 89-D-173, tank farm ventilation
upgrade, Richland, Washington, $800,000.
Project 89-D-174, replacement high-level
waste evaporator, Savannah River Site, Aiken,
South Carolina, $11,500,000.
Project 86-D-103, decontamination and waste
treatment facility, Lawrence Livermore National
Laboratory, Livermore, California, $8,885,000.
Project 83-D-148, nonradioactive hazardous
waste management, Savannah River Site, Aiken,
South Carolina, $1,000,000.
(c) Technology Development.--Subject to subsection (h),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for technology
development in carrying out environmental restoration and waste
management activities necessary for national security programs
in the amount of $440,510,000.
(d) Transportation Management.--Subject to subsection (h),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for transportation
management in carrying out environmental restoration and waste
management activities necessary for national security programs
in the amount of $13,158,000.
(e) Nuclear Materials and Facilities Stabilization.--
Subject to subsection (h), funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1996
for nuclear materials and facilities stabilization in carrying
out environmental restoration and waste management activities
necessary for national security programs in the amount of
$1,561,854,000 to be allocated as follows:
(1) For operation and maintenance, $1,447,108,000.
(2) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $114,746,000, to be
allocated as follows:
Project 96-D-457, thermal treatment system,
Richland Washington, $1,000,000.
Project 96-D-458, site drainage control,
Mound Plant, Miamisburg, Ohio, $885,000.
Project 96-D-461, electrical distribution
upgrade, Idaho National Engineering Laboratory,
Idaho, $1,539,000.
Project 96-D-464, electrical and utility
systems upgrade, Idaho Chemical Processing
Plant, Idaho National Engineering Laboratory,
Idaho, $4,952,000.
Project 96-D-468, residue elimination
project, Rocky Flats Plant, Golden, Colorado,
$33,100,000.
Project 96-D-471, chlorofluorocarbon
heating, ventilation, and air conditioning and
chiller retrofit, Savannah River Site, Aiken,
South Carolina, $1,500,000.
Project 95-D-155, upgrade site road
infrastructure, Savannah River Site, South
Carolina, $2,900,000.
Project 95-D-156, radio trunking system,
Savannah River Site, South Carolina,
$6,000,000.
Project 95-D-454, 324 facility compliance/
renovation, Richland, Washington, $3,500,000.
Project 95-D-456, security facilities
upgrade, Idaho Chemical Processing Plant, Idaho
National Engineering Laboratory, Idaho,
$8,382,000.
Project 94-D-122, underground storage
tanks, Rocky Flats Plant, Golden, Colorado,
$5,000,000.
Project 94-D-401, emergency response
facility, Idaho National Engineering
Laboratory, Idaho, $5,074,000.
Project 94-D-412, 300 area process sewer
piping upgrade, Richland, Washington,
$1,000,000.
Project 94-D-415, medical facilities, Idaho
National Engineering Laboratory, Idaho,
$3,601,000.
Project 94-D-451, infrastructure
replacement, Rocky Flats Plant, Golden,
Colorado, $2,940,000.
Project 93-D-147, domestic water system
upgrade, Phase I and II, Savannah River Site,
Aiken, South Carolina, $7,130,000.
Project 92-D-123, plant fire/security alarm
systems replacement, Rocky Flats Plant, Golden,
Colorado, $9,560,000.
Project 92-D-125, master safeguards and
security agreement/materials surveillance task
force security upgrades, Rocky Flats Plant,
Golden, Colorado, $7,000,000.
Project 92-D-181, fire and life safety
improvements, Idaho National Engineering
Laboratory, Idaho, $6,883,000.
Project 91-D-127, criticality alarm and
plant annunciation utility replacement, Rocky
Flats Plant, Golden, Colorado, $2,800,000.
(f) Compliance and Program Coordination.--Subject to
subsection (h), funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1996 for compliance
and program coordination in carrying out environmental
restoration and waste management activities necessary for
national security programs in the amount of $46,251,000, to be
allocated as follows:
(1) For operation and maintenance, $31,251,000.
(2) For the following plant project (including
maintenance, restoration, planning, construction,
acquisition, modification of facilities, and the
continuation of a project authorized in prior years,
and land acquisition related thereto):
Project 95-E-600, hazardous materials
training center, Richland, Washington,
$15,000,000.
(g) Analysis, Education, and Risk Management.--Subject to
subsection (h), funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1996 for analysis,
education, and risk management in carrying out environmental
restoration and waste management activities necessary for
national security programs in the amount of $78,522,000.
(h) Adjustments.--The total amount authorized to be
appropriated pursuant to this section is the sum of the amounts
specified in subsections (a) through (g) reduced by the sum
of--
(1) $652,334,000, for use of prior year balances;
and
(2) $37,000,000, for Savannah River Pension Refund.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) Other Defense Activities.--Subject to subsection (b),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for other defense
activities in carrying out programs necessary for national
security in the amount of $1,351,975,600, to be allocated as
follows:
(1) For verification and control technology,
$428,205,600, to be allocated as follows:
(A) For nonproliferation and verification
research and development, $224,905,000.
(B) For arms control, $160,964,600.
(C) For intelligence, $42,336,000.
(2) For nuclear safeguards and security,
$83,395,000.
(3) For security investigations, $20,000,000.
(4) For security evaluations, $14,707,000.
(5) For the Office of Nuclear Safety, $17,679,000.
(6) For worker and community transition assistance,
$82,500,000.
(7) For fissile materials disposition, $70,000,000.
(8) For emergency management, $23,321,000.
(9) For naval reactors development, $682,168,000,
to be allocated as follows:
(A) For operation and infrastructure,
$652,568,000.
(B) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification of
facilities, and the continuation of projects
authorized in prior years, and land acquisition
related thereto), $29,600,000, to be allocated
as follows:
Project GPN-101, general plant
projects, various locations,
$6,600,000.
Project 95-D-200, laboratory
systems and hot cell upgrades, various
locations, $11,300,000.
Project 95-D-201, advanced test
reactor radioactive waste system
upgrades, Idaho National Engineering
Laboratory, Idaho, $4,800,000.
Project 93-D-200, engineering
services facilities, Knolls Atomic
Power Laboratory, Niskayuna, New York,
$3,900,000.
Project 90-N-102, expended core
facility dry cell project, Naval
Reactors Facility, Idaho, $3,000,000.
(b) Adjustment.--The total amount authorized to be
appropriated pursuant to this section is the amount authorized
to be appropriated in subsection (a) reduced by $70,000,000,
for use of prior year balances.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for payment to the
Nuclear Waste Fund established in section 302(c) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
$248,400,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to
the congressional defense committees the report referred to in
subsection (b) and a period of 30 days has elapsed after the
date on which such committees receive the report, the Secretary
may not use amounts appropriated pursuant to this title for any
program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized
for that program by this title; or
(B) $1,000,000 more than the amount
authorized for that program by this title; or
(2) which has not been presented to, or requested
of, Congress.
(b) Report.--(1) The report referred to in subsection (a)
is a report containing a full and complete statement of the
action proposed to be taken and the facts and circumstances
relied upon in support of such proposed action.
(2) In the computation of the 30-day period under
subsection (a), there shall be excluded any day on which either
House of Congress is not in session because of an adjournment
of more than 3 days to a day certain.
(c) Limitations.--(1) In no event may the total amount of
funds obligated pursuant to this title exceed the total amount
authorized to be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be
used for an item for which Congress has specifically denied
funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects
authorized by this title if the total estimated cost of the
construction project does not exceed $2,000,000.
(b) Report to Congress.--If, at any time during the
construction of any general plant project authorized by this
title, the estimated cost of the project is revised because of
unforeseen cost variations and the revised cost of the project
exceeds $2,000,000, the Secretary shall immediately furnish a
complete report to the congressional defense committees
explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or
additional obligations incurred in connection with the project
above the total estimated cost, whenever the current estimated
cost of the construction project, which is authorized by
sections 3101, 3102, or 3103, or which is in support of
national security programs of the Department of Energy and was
authorized by any previous Act, exceeds by more than 25 percent
the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the
project as shown in the most recent budget
justification data submitted to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the
actions and the circumstances making such action
necessary; and
(B) a period of 30 days has elapsed after the date
on which the report is received by the committees.
(3) In the computation of the 30-day period under paragraph
(2), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more
than 3 days to a day certain.
(b) Exception.--Subsection (a) shall not apply to any
construction project which has a current estimated cost of less
than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of
Energy may transfer funds authorized to be appropriated to the
Department of Energy pursuant to this title to other Federal
agencies for the performance of work for which the funds were
authorized. Funds so transferred may be merged with and be
available for the same purposes and for the same period as the
authorizations of the Federal agency to which the amounts are
transferred.
(b) Transfer Within Department of Energy; Limitations.--(1)
Subject to paragraph (2), the Secretary of Energy may transfer
funds authorized to be appropriated to the Department of Energy
pursuant to this title between any such authorizations. Amounts
of authorizations so transferred may be merged with and be
available for the same purposes and for the same period as the
authorization to which the amounts are transferred.
(2) Not more than five percent of any such authorization
may be transferred between authorizations under paragraph (1).
No such authorization may be increased or decreased by more
than five percent by a transfer under such paragraph.
(3) The authority provided by this section to transfer
authorizations--
(A) may only be used to provide funds for items
relating to weapons activities necessary for national
security programs that have a higher priority than the
items from which the funds are transferred; and
(B) may not be used to provide authority for an
item that has been denied funds by Congress.
(c) Notice to Congress.--The Secretary of Energy shall
promptly notify the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives of any transfer of funds to or from
authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement for Conceptual Design.--(1) Subject to
paragraph (2) and except as provided in paragraph (3), before
submitting to Congress a request for funds for a construction
project that is in support of a national security program of
the Department of Energy, the Secretary of Energy shall
complete a conceptual design for that project.
(2) If the estimated cost of completing a conceptual design
for a construction project exceeds $3,000,000, the Secretary
shall submit to Congress a request for funds for the conceptual
design before submitting a request for funds for the
construction project.
(3) The requirement in paragraph (1) does not apply to a
request for funds--
(A) for a construction project the total estimated
cost of which is less than $2,000,000; or
(B) for emergency planning, design, and
construction activities under section 3126.
(b) Authority for Construction Design.--(1) Within the
amounts authorized by this title, the Secretary of Energy may
carry out construction design (including architectural and
engineering services) in connection with any proposed
construction project if the total estimated cost for such
design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000,
funds for such design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION
ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds
available to the Department of Energy pursuant to an
authorization in this title, including those funds authorized
to be appropriated for advance planning and construction design
under sections 3101, 3102, and 3103, to perform planning,
design, and construction activities for any Department of
Energy national security program construction project that, as
determined by the Secretary, must proceed expeditiously in
order to protect public health and safety, to meet the needs of
national defense, or to protect property.
(b) Limitation.--The Secretary may not exercise the
authority under subsection (a) in the case of any construction
project until the Secretary has submitted to the congressional
defense committees a report on the activities that the
Secretary intends to carry out under this section and the
circumstances making such activities necessary.
(c) Specific Authority.--The requirement of section
3125(b)(2) does not apply to emergency planning, design, and
construction activities conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE
DEPARTMENT OF ENERGY.
Subject to the provisions of appropriations Acts and
section 3121, amounts appropriated pursuant to this title for
management and support activities and for general plant
projects are available for use, when necessary, in connection
with all national security programs of the Department of
Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
When so specified in an appropriation Act, amounts
appropriated for operation and maintenance or for plant
projects may remain available until expended.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. AUTHORITY TO CONDUCT PROGRAM RELATING TO FISSILE MATERIALS.
(a) Authority.--The Secretary of Energy may conduct
programs designed to improve the protection, control, and
accountability of fissile materials in Russia.
(b) Semi-Annual Reports on Obligation of Funds.--(1) Not
later than 30 days after the date of the enactment of this Act,
and thereafter not later than April 1 and October 1 of each
year, the Secretary of Energy shall submit to Congress a report
on each obligation during the preceding six months of funds
appropriated for a program described in subsection (a).
(2) Each such report shall specify--
(A) the activities and forms of assistance for
which the Secretary of Energy has obligated funds;
(B) the amount of the obligation;
(C) the activities and forms of assistance for
which the Secretary anticipates obligating funds during
the six months immediately following the report, and
the amount of each such anticipated obligation; and
(D) the projected involvement (if any) of any
department or agency of the United States (in addition
to the Department of Energy) and of the private sector
of the United States in the activities and forms of
assistance for which the Secretary of Energy has
obligated funds referred to in subparagraph (A).
SEC. 3132. NATIONAL IGNITION FACILITY.
None of the funds authorized to be appropriated pursuant to
this title for construction of the National Ignition Facility
may be obligated until--
(1) the Secretary of Energy determines that the
construction of the National Ignition Facility will not
impede the nuclear nonproliferation objectives of the
United States; and
(2) the Secretary of Energy notifies the
congressional defense committees of that determination.
SEC. 3133. TRITIUM PRODUCTION PROGRAM.
(a) Establishment of Program.--The Secretary of Energy
shall establish a tritium production program that is capable of
meeting the tritium requirements of the United States for
nuclear weapons. In carrying out the tritium production
program, the Secretary shall--
(1) complete the tritium supply and recycling
environmental impact statement in preparation by the
Secretary as of the date of the enactment of this Act;
and
(2) assess alternative means for tritium
production, including production through--
(A) types of new and existing reactors,
including multipurpose reactors (such as
advanced light water reactors and gas turbine
gas-cooled reactors) capable of meeting both
the tritium production requirements and the
plutonium disposition requirements of the
United States for nuclear weapons;
(B) an accelerator; and
(C) multipurpose reactor projects carried
out by the private sector and the Government.
(b) Funding.--Of funds authorized to be appropriated to the
Department of Energy pursuant to section 3101, not more than
$50,000,000 shall be available for the tritium production
program established pursuant to subsection (a).
(c) Location of Tritium Production Facility.--The Secretary
shall locate any new tritium production facility of the
Department of Energy at the Savannah River Site, South
Carolina.
(d) Cost-Benefit Analysis.--(1) The Secretary shall include
in the statements referred to in paragraph (2) a comparison of
the costs and benefits of carrying out two projects for the
separate performance of the tritium production mission of the
Department and the plutonium disposition mission of the
Department with the costs and benefits of carrying out one
multipurpose project for the performance of both such missions.
(2) The statements referred to in paragraph (1) are--
(A) the environmental impact statement referred to
in subsection (a)(1);
(B) the plutonium disposition environmental impact
statement in preparation by the Secretary as of the
date of the enactment of this Act; and
(C) assessments related to the environmental impact
statements referred to in subparagraphs (A) and (B).
(e) Report.--Not later than 45 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a report on
the tritium production program established pursuant to
subsection (a). The report shall include a specification of--
(1) the planned expenditures of the Department
during fiscal year 1996 for any of the alternative
means for tritium production assessed under subsection
(a)(2);
(2) the amount of funds required to be expended by
the Department, and the program milestones (including
feasibility demonstrations) required to be met, during
fiscal years 1997 through 2001 to ensure tritium
production beginning not later than 2005 that is
adequate to meet the tritium requirements of the United
States for nuclear weapons; and
(3) the amount of such funds to be expended and
such program milestones to be met during such fiscal
years to ensure such tritium production beginning not
later than 2011.
(f) Tritium Targets.--Of the funds made available pursuant
to subsection (b), not more than $5,000,000 shall be available
for the Idaho National Engineering Laboratory for the test and
development of nuclear reactor tritium targets for the types of
reactors assessed under subsection (a)(2)(A).
SEC. 3134. PAYMENT OF PENALTIES.
The Secretary of Energy may pay to the Hazardous Substance
Superfund established under section 9507 of the Internal
Revenue Code of 1986 (26 U.S.C. 9507), from funds appropriated
to the Department of Energy for environmental restoration and
waste management activities pursuant to section 3102,
stipulated civil penalties in the amount of $350,000 assessed
under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) against the
Rocky Flats Site, Colorado.
SEC. 3135. FISSILE MATERIALS DISPOSITION.
(a) In General.--Of the funds authorized to be appropriated
to the Department of Energy for fiscal year 1996 pursuant to
section 3103, $70,000,000 shall be available only for purposes
of completing the evaluation of, and commencing implementation
of, the interim- and long-term storage and disposition
(including storage and disposition through the use of advanced
light water reactors and gas turbine gas-cooled reactors) of
fissile materials (including plutonium, highly enriched
uranium, and other fissile materials) that are excess to the
national security needs of the United States.
(b) Availability of Funds for Multipurpose Reactors.--Of
funds made available pursuant to subsection (a), sufficient
funds shall be made available for the complete consideration of
multipurpose reactors for the disposition of fissile materials
in the programmatic environmental impact statement of the
Department.
(c) Limitation.--Of funds made available pursuant to
subsection (a), $10,000,000 shall be available only for a
plutonium resource assessment.
SEC. 3136. TRITIUM RECYCLING.
(a) In General.--Except as provided in subsection (b), the
following activities shall be carried out at the Savannah River
Site, South Carolina:
(1) All tritium recycling for weapons, including
tritium refitting.
(2) All activities regarding tritium formerly
carried out at the Mound Plant, Ohio.
(b) Exception.--The following activities may be carried out
at the Los Alamos National Laboratory, New Mexico:
(1) Research on tritium.
(2) Work on tritium in support of the defense
inertial confinement fusion program.
(3) Provision of technical assistance to the
Savannah River Site regarding the weapons surveillance
program.
SEC. 3137. MANUFACTURING INFRASTRUCTURE FOR REFABRICATION AND
CERTIFICATION OF NUCLEAR WEAPONS STOCKPILE.
(a) Manufacturing Program.--The Secretary of Energy shall
carry out a program for purposes of establishing within the
Government a manufacturing infrastructure that has the
capabilities of meeting the following objectives as specified
in the Nuclear Posture Review:
(1) To provide a stockpile surveillance engineering
base.
(2) To refabricate and certify weapon components
and types in the enduring nuclear weapons stockpile, as
necessary.
(3) To fabricate and certify new nuclear warheads,
as necessary.
(4) To support nuclear weapons.
(5) To supply sufficient tritium in support of
nuclear weapons to ensure an upload hedge in the event
circumstances require.
(b) Required Capabilities.--The manufacturing
infrastructure established under the program under subsection
(a) shall include the following capabilities (modernized to
attain the objectives referred to in that subsection):
(1) The weapons assembly capabilities of the Pantex
Plant.
(2) The weapon secondary fabrication capabilities
of the Y-12 Plant, Oak Ridge, Tennessee.
(3) The tritium production, recycling, and other
weapons-related capabilities of the Savannah River
Site.
(4) The non-nuclear component capabilities of the
Kansas City Plant.
(c) Nuclear Posture Review.--For purposes of subsection
(a), the term ``Nuclear Posture Review'' means the Department
of Defense Nuclear Posture Review as contained in the Report of
the Secretary of Defense to the President and the Congress
dated February 19, 1995, or subsequent such reports.
(d) Funding.--Of the funds authorized to be appropriated
under section 3101(b), $143,000,000 shall be available for
carrying out the program required under this section, of
which--
(1) $35,000,000 shall be available for activities
at the Pantex Plant;
(2) $30,000,000 shall be available for activities
at the Y-12 Plant, Oak Ridge, Tennessee;
(3) $35,000,000 shall be available for activities
at the Savannah River Site; and
(4) $43,000,000 shall be available for activities
at the Kansas City Plant.
(e) Plan and Report.--The Secretary shall develop a plan
for the implementation of this section. Not later than March 1,
1996, the Secretary shall submit to Congress a report on the
obligations the Secretary has incurred, and plans to incur,
during fiscal year 1996 for the program referred to in
subsection (a).
SEC. 3138. HYDRONUCLEAR EXPERIMENTS.
Of the funds authorized to be appropriated to the
Department of Energy pursuant to section 3101, $30,000,000
shall be available to prepare for the commencement of a program
of hydronuclear experiments at the nuclear weapons design
laboratories at the Nevada Test Site, Nevada. The purpose of
the program shall be to maintain confidence in the reliability
and safety of the nuclear weapons stockpile.
SEC. 3139. LIMITATION ON AUTHORITY TO CONDUCT HYDRONUCLEAR TESTS.
Nothing in this Act may be construed to authorize the
conduct of hydronuclear tests or to amend or repeal the
requirements of section 507 of the Energy and Water Development
Appropriations Act, 1993 (Public Law 102-377; 106 Stat. 1343;
42 U.S.C. 2121 note).
SEC. 3140. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS CRITICAL TO THE
DEPARTMENT OF ENERGY NUCLEAR WEAPONS COMPLEX.
(a) In General.--The Secretary of Energy shall conduct a
fellowship program for the development of skills critical to
the ongoing mission of the Department of Energy nuclear weapons
complex. Under the fellowship program, the Secretary shall--
(1) provide educational assistance and research
assistance to eligible individuals to facilitate the
development by such individuals of skills critical to
maintaining the ongoing mission of the Department of
Energy nuclear weapons complex;
(2) employ eligible individuals at the facilities
described in subsection (c) in order to facilitate the
development of such skills by these individuals; or
(3) provide eligible individuals with the
assistance and the employment.
(b) Eligible Individuals.--Individuals eligible for
participation in the fellowship program are the following:
(1) Students pursuing graduate degrees in fields of
science or engineering that are related to nuclear
weapons engineering or to the science and technology
base of the Department of Energy.
(2) Individuals engaged in postdoctoral studies in
such fields.
(c) Covered Facilities.--The Secretary shall carry out the
fellowship program at or in connection with the following
facilities:
(1) The Kansas City Plant, Kansas City, Missouri.
(2) The Pantex Plant, Amarillo, Texas.
(3) The Y-12 Plant, Oak Ridge, Tennessee.
(4) The Savannah River Site, Aiken, South Carolina.
(d) Administration.--The Secretary shall carry out the
fellowship program at a facility referred to in subsection (c)
through the stockpile manager of the facility.
(e) Allocation of Funds.--The Secretary shall, in
consultation with the Assistant Secretary of Energy for Defense
Programs, allocate funds available for the fellowship program
under subsection (f) among the facilities referred to in
subsection (c). The Secretary shall make the allocation after
evaluating an assessment by the weapons program director of
each such facility of the personnel and critical skills
necessary at the facility for carrying out the ongoing mission
of the facility.
(f) Funding.--Of the funds authorized to be appropriated to
the Department of Energy for fiscal year 1996 under section
3101(b), $10,000,000 may be used for the purpose of carrying
out the fellowship program under this section.
SEC. 3141. LIMITATION ON USE OF FUNDS FOR CERTAIN RESEARCH AND
DEVELOPMENT PURPOSES.
Funds appropriated or otherwise made available to the
Department of Energy for fiscal year 1996 under section 3101
may be obligated and expended for activities under the
Department of Energy Laboratory Directed Research and
Development Program or under Department of Energy technology
transfer programs only if such activities support the national
security mission of the Department.
SEC. 3142. PROCESSING AND TREATMENT OF HIGH-LEVEL NUCLEAR WASTE AND
SPENT NUCLEAR FUEL RODS.
(a) Processing of Spent Nuclear Fuel Rods.--Of the amounts
appropriated pursuant to section 3102, there shall be available
to the Secretary of Energy to respond effectively to new
requirements for managing spent nuclear fuel--
(1) not more than $30,000,000, for the Savannah
River Site for the development and implementation of a
program for the processing, reprocessing, separation,
reduction, isolation, and interim storage of high-level
nuclear waste associated with aluminum clad spent fuel
rods and foreign spent fuel rods; and
(2) not more than $15,000,000, for the Idaho
National Engineering Laboratory for the development and
implementation of a program for the treatment,
preparation, and conditioning of high-level nuclear
waste and spent nuclear fuel (including naval spent
nuclear fuel), nonaluminum clad fuel rods, and foreign
fuel rods for interim storage and final disposition.
(b) Implementation Plan.--Not later than April 30, 1996,
the Secretary shall submit to Congress a five-year plan for the
implementation of the programs referred to in subsection (a).
The plan shall include--
(1) an assessment of the facilities required to be
constructed or upgraded to carry out the processing,
separation, reduction, isolation and interim storage of
high-level nuclear waste;
(2) a description of the technologies, including
stabilization technologies, that are required to be
developed for the efficient conduct of the programs;
(3) a projection of the dates upon which activities
under the programs are sufficiently completed to
provide for the transfers of such waste to permanent
repositories; and
(4) a projection of the total cost to complete the
programs.
(c) Electrometallurgical Waste Treatment Technologies.--Of
the amount appropriated pursuant to section 3102(c), not more
than $25,000,000 shall be available for development of
electrometallurgical waste treatment technologies at the
Argonne National Laboratory.
(d) Use of Funds for Settlement Agreement.--Funds made
available pursuant to subsection (a)(2) for the Idaho National
Engineering Laboratory shall be considered to be funds made
available in partial fulfillment of the terms and obligations
set forth in the settlement agreement entered into by the
United States with the State of Idaho in the actions captioned
Public Service Co. of Colorado v. Batt, Civil No. 91-0035-S-
EJL, and United States v. Batt, Civil No. 91-0054-S-EJL, in the
United States District Court for the District of Idaho and the
consent order of the United States District Court for the
District of Idaho, dated October 17, 1995, that effectuates the
settlement agreement.
SEC. 3143. PROTECTION OF WORKERS AT NUCLEAR WEAPONS FACILITIES.
Of the funds authorized to be appropriated to the
Department of Energy under section 3102, $10,000,000 shall be
available to carry out activities authorized under section 3131
of the National Defense Authorization Act for Fiscal Years 1992
and 1993 (Public Law 102-190; 105 Stat. 1571; 42 U.S.C. 7274d),
relating to worker protection at nuclear weapons facilities.
SEC. 3144. DEPARTMENT OF ENERGY DECLASSIFICATION PRODUCTIVITY
INITIATIVE.
Of the funds authorized to be appropriated to the
Department of Energy under section 3103, $3,000,000 shall be
available for the Declassification Productivity Initiative of
the Department of Energy.
Subtitle D--Other Matters
SEC. 3151. REPORT ON FOREIGN TRITIUM PURCHASES.
(a) Report.--Not later than May 1, 1996, the President
shall submit to the congressional defense committees a report
on the feasibility of, the cost of, and the policy, legal, and
other issues associated with purchasing tritium from various
foreign suppliers in order to ensure an adequate supply of
tritium in the United States for nuclear weapons.
(b) Form of Report.--The report shall be submitted in
unclassified form, but may contain a classified appendix.
SEC. 3152. STUDY ON NUCLEAR TEST READINESS POSTURES.
Not later than February 15, 1996, the Secretary of Energy
shall submit to Congress a report on the costs, programmatic
issues, and other issues associated with sustaining the
capability of the Department of Energy--
(1) to conduct an underground nuclear test 6 months
after the date on which the President determines that
such a test is necessary to ensure the national
security of the United States;
(2) to conduct such a test 18 months after such
date; and
(3) to conduct such a test 36 months after such
date.
SEC. 3153. MASTER PLAN FOR THE CERTIFICATION, STEWARDSHIP, AND
MANAGEMENT OF WARHEADS IN THE NUCLEAR WEAPONS
STOCKPILE.
(a) Master Plan Requirement.--Not later than March 15,
1996, the President shall submit to Congress a master plan for
maintaining the nuclear weapons stockpile. The President shall
submit to Congress an update of the master plan not later than
March 15 of each year thereafter.
(b) Plan Elements.--The master plan and each update of the
master plan shall set forth the following:
(1) The numbers of weapons (including active and
inactive weapons) for each type of weapon in the
nuclear weapons stockpile.
(2) The expected design lifetime of each weapon
type, the current age of each weapon type, and any
plans (including the analytical basis for such plans)
for lifetime extensions of a weapon type.
(3) An estimate of the lifetime of the nuclear and
nonnuclear components of the weapons (including active
weapons and inactive weapons) in the nuclear weapons
stockpile, and any plans (including the analytical
basis for such plans) for lifetime extensions of such
components.
(4) A schedule of the modifications, if any,
required for each weapon type (including active and
inactive weapons) in the nuclear weapons stockpile and
the cost of such modifications.
(5) The process to be used in recertifying the
safety, reliability, and performance of each weapon
type (including active weapons and inactive weapons) in
the nuclear weapons stockpile.
(6) The manufacturing infrastructure required to
maintain the nuclear weapons stockpile stewardship and
management programs, including a detailed project plan
that demonstrates the manner by which the Government
will develop by 2002 the capability to refabricate and
certify warheads in the nuclear weapons stockpile and
to design, fabricate, and certify new warheads.
(c) Form of Plan.--The master plan and each update of the
master plan shall be submitted in unclassified form, but may
contain a classified appendix.
SEC. 3154. PROHIBITION ON INTERNATIONAL INSPECTIONS OF DEPARTMENT OF
ENERGY FACILITIES UNLESS PROTECTION OF RESTRICTED
DATA IS CERTIFIED.
(a) Prohibition on Inspections.--(1) The Secretary of
Energy may not allow an inspection of a nuclear weapons
facility by the International Atomic Energy Agency until the
Secretary certifies to Congress that no restricted data will be
revealed during such inspection.
(2) For purposes of paragraph (1), the term ``restricted
data'' has the meaning provided by section 11 y. of the Atomic
Energy Act of 1954 (42 U.S.C. 2014(y)).
(b) Extension of Notice-and-Wait Requirement Regarding
Proposed Cooperation Agreements.--Section 3155(b) of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 108 Stat. 3092) is amended by striking out
``December 31, 1995'' and inserting in lieu thereof ``October
1, 1996''.
SEC. 3155. REVIEW OF CERTAIN DOCUMENTS BEFORE DECLASSIFICATION AND
RELEASE.
(a) In General.--The Secretary of Energy shall ensure that,
before a document of the Department of Energy that contains
national security information is released or declassified, such
document is reviewed to determine whether it contains
restricted data.
(b) Limitation on Declassification.--The Secretary may not
implement the automatic declassification provisions of
Executive Order 12958 if the Secretary determines that such
implementation could result in the automatic declassification
and release of documents containing restricted data.
(c) Restricted Data Defined.--In this section, the term
``restricted data'' has the meaning provided by section 11 y.
of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).
SEC. 3156. ACCELERATED SCHEDULE FOR ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT ACTIVITIES.
(a) Accelerated Cleanup.--The Secretary of Energy shall
accelerate the schedule for environmental restoration and waste
management activities and projects for a site at a Department
of Energy defense nuclear facility if the Secretary determines
that such an accelerated schedule will achieve meaningful,
long-term cost savings to the Federal Government and could
substantially accelerate the release of land for local reuse.
(b) Consideration of Factors.--In making a determination
under subsection (a), the Secretary shall consider the
following:
(1) The cost savings achievable by the Federal
Government.
(2) The amount of time for completion of
environmental restoration and waste management
activities and projects at the site that can be reduced
from the time specified for completion of such
activities and projects in the baseline environmental
management report required to be submitted for 1995
under section 3153 of the National Defense
Authorization Act for Fiscal Year 1994 (42 U.S.C.
7274k).
(3) The potential for reuse of the site.
(4) The risks that the site poses to local health
and safety.
(5) The proximity of the site to populated areas.
(c) Report.--Not later than May 1, 1996, the Secretary
shall submit to Congress a report on each site for which the
Secretary has accelerated the schedule for environmental
restoration and waste management activities and projects under
subsection (a). The report shall include an explanation of the
basis for the determination for that site required by such
subsection, including an explanation of the consideration of
the factors described in subsection (b).
(d) Savings Provision.--Nothing in this section may be
construed to affect a specific statutory requirement for a
specific environmental restoration or waste management activity
or project or to modify or otherwise affect applicable
statutory or regulatory environmental restoration and waste
management requirements, including substantive standards
intended to protect public health and the environment.
SEC. 3157. SENSE OF CONGRESS REGARDING CERTAIN ENVIRONMENTAL
RESTORATION REQUIREMENTS.
It is the sense of Congress that--
(1) an individual acting within the scope of that
individual's employment with a Federal agency should
not be personally subject to civil or criminal
sanctions (to the extent such sanctions are provided
for by law) as a result of the failure to comply with
an environmental cleanup requirement under the Solid
Waste Disposal Act or the Comprehensive Environmental
Response, Compensation, and Liability Act or an
analogous requirement under a comparable Federal,
State, or local law, in any circumstance under which
such failure to comply is due to an insufficiency of
funds appropriated to carry out such requirement;
(2) Federal and State enforcement authorities
should refrain from an enforcement action in a
circumstance described in paragraph (1); and
(3) if funds appropriated for a fiscal year after
fiscal year 1995 are insufficient to carry out any such
environmental cleanup requirement, Congress should
elicit the views of Federal agencies, affected States,
and the public, and consider appropriate legislative
action to address personal criminal liability in a
circumstance described in paragraph (1) and any related
issues pertaining to potential liability of a Federal
agency.
SEC. 3158. RESPONSIBILITY FOR DEFENSE PROGRAMS EMERGENCY RESPONSE
PROGRAM.
The Office of Military Applications under the Assistant
Secretary of Energy for Defense Programs shall retain
responsibility for the Defense Programs Emergency Response
Program within the Department of Energy.
SEC. 3159. REQUIREMENTS FOR DEPARTMENT OF ENERGY WEAPONS ACTIVITIES
BUDGETS FOR FISCAL YEARS AFTER FISCAL YEAR 1996.
(a) In General.--The weapons activities budget of the
Department of Energy shall be developed in accordance with the
Nuclear Posture Review, the Post Nuclear Posture Review
Stockpile Memorandum currently under development, and the
programmatic and technical requirements associated with the
review and memorandum.
(b) Required Detail.--The Secretary of Energy shall include
in the materials that the Secretary submits to Congress in
support of the budget for a fiscal year submitted by the
President pursuant to section 1105 of title 31, United States
Code, a long-term program plan, and a near-term program plan,
for the certification and stewardship of the nuclear weapons
stockpile.
(c) Definition.--In this section, the term ``Nuclear
Posture Review'' means the Department of Defense Nuclear
Posture Review as contained in the report of the Secretary of
Defense to the President and the Congress dated February 19,
1995, or in subsequent such reports.
SEC. 3160. REPORT ON HYDRONUCLEAR TESTING.
(a) Report.--The Secretary of Energy shall direct the joint
preparation by the Directors of the Lawrence Livermore National
Laboratory and the Los Alamos National Laboratory of a report
on the advantages and disadvantages with respect to the safety
and reliability of the nuclear weapons stockpile of permitting
alternative limits to the current limit on the explosive yield
of hydronuclear and other explosive tests. The report shall
address the following explosive yield limits:
(1) 4 pounds (TNT equivalent).
(2) 400 pounds (TNT equivalent).
(3) 4,000 pounds (TNT equivalent).
(4) 40,000 pounds (TNT equivalent).
(5) 400 tons (TNT equivalent).
(b) Funding.--The Secretary shall make available funds
appropriated to the Department of Energy pursuant to section
3101 for preparation of the report required under subsection
(a).
SEC. 3161. APPLICABILITY OF ATOMIC ENERGY COMMUNITY ACT OF 1955 TO LOS
ALAMOS, NEW MEXICO.
(a) Date of Transfer of Utilities.--Section 72 of the
Atomic Energy Community Act of 1955 (42 U.S.C. 2372) is amended
by striking out ``not later than five years after the date it
is included within this Act'' and inserting in lieu thereof
``not later than June 30, 1998''.
(b) Date of Transfer of Municipal Installations.--Section
83 of such Act (42 U.S.C. 2383) is amended by striking out
``not later than five years after the date it is included
within this Act'' and inserting in lieu thereof ``not later
than June 30, 1998''.
(c) Recommendation for Further Assistance Payments.--
Section 91d. of such Act (42 U.S.C. 2391) is amended--
(1) by striking out ``, and the Los Alamos School
Board;'' and all that follows through ``county of Los
Alamos, New Mexico'' and inserting in lieu thereof ``;
or not later than June 30, 1996, in the case of the Los
Alamos School Board and the county of Los Alamos, New
Mexico''; and
(2) by adding at the end the following new
sentence: ``If the recommendation under the preceding
sentence regarding the Los Alamos School Board or the
county of Los Alamos, New Mexico, indicates a need for
further assistance for the school board or the county,
as the case may be, after June 30, 1997, the
recommendation shall include a report and plan
describing the actions required to eliminate the need
for further assistance for the school board or the
county, including a proposal for legislative action to
carry out the plan.''.
(d) Contract To Make Payments.--Section 94 of such Act (42
U.S.C. 2394) is amended--
(1) by striking out ``June 30, 1996'' each place it
appears in the proviso in the first sentence and
inserting in lieu thereof ``June 30, 1997''; and
(2) by striking out ``July 1, 1996'' in the second
sentence and inserting in lieu thereof ``July 1,
1997''.
SEC. 3162. SENSE OF CONGRESS REGARDING SHIPMENTS OF SPENT NUCLEAR FUEL.
(a) Findings.--Congress makes the following findings:
(1) The United States has entered into a settlement
agreement with the State of Idaho in the actions
captioned Public Service Co. of Colorado v. Batt, Civil
No. 91-0035-S-EJL, and United States v. Batt, Civil No.
91-0054-S-EJL, in the United States District Court for
the District of Idaho, regarding shipment of naval
spent nuclear fuel to Idaho, examination and storage of
such fuel in Idaho, and other matters.
(2) Under this court enforceable agreement--
(A) the State of Idaho has agreed--
(i) to accept 575 shipments of
naval spent nuclear fuel from the Navy
into Idaho between October 17, 1995 and
2035;
(ii) to accept certain shipments of
spent nuclear fuel from the Department
of Energy into Idaho between October
17, 1995 and 2035; and
(iii) to allow the Navy and the
Department of Energy, on an interim
basis, to store the spent nuclear fuel
in Idaho over the next 40 years; and
(B) the United States has made
commitments--
(i) to remove all spent nuclear
fuel (except certain quantities for
testing) from Idaho by 2035; and
(ii) to facilitate the cleanup and
stabilization of radioactive waste at
the Idaho National Engineering
Laboratory.
(3) The settlement agreement allows the Department
of Energy and the Department of the Navy to meet
responsibilities that are important to the national
security interests of the United States.
(4) Authorizations and appropriations of funds will
be necessary in order to provide for fulfillment of the
terms and obligations set forth in the settlement
agreement.
(b) Sense of Congress.--(1) Congress recognizes the need to
implement the terms, conditions, rights, and obligations
contained in the settlement agreement referred to in subsection
(a)(1) and the consent order of the United States District
Court for the District of Idaho, dated October 17, 1995, that
effectuates the settlement agreement in accordance with those
terms, conditions, rights, and obligations.
(2) It is the sense of Congress that funds requested by the
President to carry out the settlement agreement and such
consent order should be appropriated for that purpose.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
1996, $17,000,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Subtitle A--Authorization of Disposals and Use of Funds
SEC. 3301. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``National Defense Stockpile'' means
the stockpile provided for in section 4 of the
Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
(2) The term ``National Defense Stockpile
Transaction Fund'' means the fund in the Treasury of
the United States established under section 9(a) of the
Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h(a)).
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year
1996, the National Defense Stockpile Manager may obligate up to
$77,100,000 of the funds in the National Defense Stockpile
Transaction Fund for the authorized uses of such funds under
section 9(b)(2) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h(b)(2)).
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount specified
in subsection (a) if the National Defense Stockpile Manager
notifies Congress that extraordinary or emergency conditions
necessitate the additional obligations. The National Defense
Stockpile Manager may make the additional obligations described
in the notification after the end of the 45-day period
beginning on the date Congress receives the notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.
SEC. 3303. DISPOSAL OF CHROMITE AND MANGANESE ORES AND CHROMIUM FERRO
AND MANGANESE METAL ELECTROLYTIC.
(a) Domestic Upgrading.--In offering to enter into
agreements pursuant to any provision of law for the disposal
from the National Defense Stockpile of chromite and manganese
ores or chromium ferro and manganese metal electrolytic, the
President shall give a right of first refusal on all such
offers to domestic ferroalloy upgraders.
(b) Domestic Ferroalloy Upgrader Defined.--For purposes of
this section, the term ``domestic ferroalloy upgrader'' means a
company or other business entity that, as determined by the
President--
(1) is engaged in operations to upgrade chromite or
manganese ores of metallurgical grade or chromium ferro
and manganese metal electrolytic; and
(2) conducts a significant level of its research,
development, engineering, and upgrading operations in
the United States.
SEC. 3304. RESTRICTIONS ON DISPOSAL OF MANGANESE FERRO.
(a) Disposal of Lower Grade Material First.--The President
may not dispose of high carbon manganese ferro in the National
Defense Stockpile that meets the National Defense Stockpile
classification of Grade One, Specification 30(a), as revised on
May 22, 1992, until completing the disposal of all manganese
ferro in the National Defense Stockpile that does not meet such
classification. The President may not reclassify manganese
ferro in the National Defense Stockpile after the date of the
enactment of this Act.
(b) Requirement for Remelting by Domestic Ferroalloy
Producers.--Manganese ferro in the National Defense Stockpile
that does not meet the classification specified in subsection
(a) may be sold only for remelting by a domestic ferroalloy
producer unless the President determines that a domestic
ferroalloy producer is not available to acquire the material.
(c) Domestic Ferroalloy Producer Defined.--For purposes of
this section, the term ``domestic ferroalloy producer'' means a
company or other business entity that, as determined by the
President--
(1) is engaged in operations to upgrade manganese
ores of metallurgical grade or manganese ferro; and
(2) conducts a significant level of its research,
development, engineering, and upgrading operations in
the United States.
SEC. 3305. TITANIUM INITIATIVE TO SUPPORT BATTLE TANK UPGRADE PROGRAM.
During each of the fiscal years 1996 through 2003, the
Secretary of Defense shall transfer from stocks of the National
Defense Stockpile up to 250 short tons of titanium sponge to
the Secretary of the Army for use in the weight reduction
portion of the main battle tank upgrade program. Transfers
under this section shall be without charge to the Army, except
that the Secretary of the Army shall pay all transportation and
related costs incurred in connection with the transfer.
Subtitle B--Programmatic Change
SEC. 3311. TRANSFER OF EXCESS DEFENSE-RELATED MATERIALS TO STOCKPILE
FOR DISPOSAL.
(a) Transfer and Disposal.--Section 4 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98c) is amended
by adding at the end the following new subsection:
``(c)(1) The Secretary of Energy, in consultation with the
Secretary of Defense, shall transfer to the stockpile for
disposal in accordance with this Act uncontaminated materials
that are in the Department of Energy inventory of materials for
the production of defense-related items, are excess to the
requirements of the Department for that purpose, and are
suitable for transfer to the stockpile and disposal through the
stockpile.
``(2) The Secretary of Defense shall determine whether
materials are suitable for transfer to the stockpile under this
subsection, are suitable for disposal through the stockpile,
and are uncontaminated.''.
(b) Conforming Amendment.--Subsection (a) of such section
is amended by adding at the end the following:
``(10) Materials transferred to the stockpile under
subsection (c).''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Subtitle A--Administration of Naval Petroleum Reserves
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the
Secretary of Energy $101,028,000 for fiscal year 1996 for the
purpose of carrying out activities under chapter 641 of title
10, United States Code, relating to the naval petroleum
reserves (as defined in section 7420(2) of such title). Funds
appropriated pursuant to such authorization shall remain
available until expended.
SEC. 3402. PRICE REQUIREMENT ON SALE OF CERTAIN PETROLEUM DURING FISCAL
YEAR 1996.
Notwithstanding section 7430(b)(2) of title 10, United
States Code, during fiscal year 1996, any sale of any part of
the United States share of petroleum produced from Naval
Petroleum Reserves Numbered 1, 2, and 3 shall be made at a
price not less than 90 percent of the current sales price, as
estimated by the Secretary of Energy, of comparable petroleum
in the same area.
Subtitle B--Sale of Naval Petroleum Reserve
SEC. 3411. DEFINITIONS.
For purposes of this subtitle:
(1) The terms ``Naval Petroleum Reserve Numbered
1'' and ``reserve'' mean Naval Petroleum Reserve
Numbered 1, commonly referred to as the Elk Hills Unit,
located in Kern County, California, and established by
Executive order of the President, dated September 2,
1912.
(2) The term ``naval petroleum reserves'' has the
meaning given that term in section 7420(2) of title 10,
United States Code, except that the term does not
include Naval Petroleum Reserve Numbered 1.
(3) The term ``unit plan contract'' means the unit
plan contract between equity owners of the lands within
the boundaries of Naval Petroleum Reserve Numbered 1
entered into on June 19, 1944.
(4) The term ``effective date'' means the date of
the enactment of this Act.
(5) The term ``Secretary'' means the Secretary of
Energy.
(6) The term ``appropriate congressional
committees'' means the Committee on Armed Services of
the Senate and the Committee on National Security and
the Committee on Commerce of the House of
Representatives.
SEC. 3412. SALE OF NAVAL PETROLEUM RESERVE NUMBERED 1.
(a) Sale of Reserve Required.--Subject to section 3414, not
later than one year after the effective date, the Secretary of
Energy shall enter into one or more contracts for the sale of
all right, title, and interest of the United States in and to
all lands owned or controlled by the United States inside Naval
Petroleum Reserve Numbered 1. Chapter 641 of title 10, United
States Code, shall not apply to the sale of the reserve.
(b) Equity Finalization.--(1) Not later than five months
after the effective date, the Secretary shall finalize equity
interests of the known oil and gas zones in Naval Petroleum
Reserve Numbered 1 in the manner provided by this subsection.
(2) The Secretary shall retain the services of an
independent petroleum engineer, mutually acceptable to the
equity owners, who shall prepare a recommendation on final
equity figures. The Secretary may accept the recommendation of
the independent petroleum engineer for final equity in each
known oil and gas zone and establish final equity interest in
Naval Petroleum Reserve Numbered 1 in accordance with the
recommendation, or the Secretary may use such other method to
establish final equity interest in the reserve as the Secretary
considers appropriate.
(3) If, on the effective date, there is an ongoing equity
redetermination dispute between the equity owners under section
9(b) of the unit plan contract, the dispute shall be resolved
in the manner provided in the unit plan contract within five
months after the effective date. The resolution shall be
considered final for all purposes under this section.
(c) Notice of Sale.--Not later than two months after the
effective date, the Secretary shall publish a notice of intent
to sell Naval Petroleum Reserve Numbered 1. The Secretary shall
make all technical, geological, and financial information
relevant to the sale of the reserve available to all interested
and qualified buyers upon request. The Secretary, in
consultation with the Administrator of General Services, shall
ensure that the sale process is fair and open to all interested
and qualified parties.
(d) Establishment of Minimum Sale Price.--(1) Not later
than two months after the effective date, the Secretary shall
retain the services of five independent experts in the
valuation of oil and gas fields to conduct separate
assessments, in a manner consistent with commercial practices,
of the value of the interest of the United States in Naval
Petroleum Reserve Numbered 1. The independent experts shall
complete their assessments within six months after the
effective date. In making their assessments, the independent
experts shall consider (among other factors)--
(A) all equipment and facilities to be included in
the sale;
(B) the estimated quantity of petroleum and natural
gas in the reserve; and
(C) the net present value of the anticipated
revenue stream that the Secretary and the Director of
the Office of Management and Budget jointly determine
the Treasury would receive from the reserve if the
reserve were not sold, adjusted for any anticipated
increases in tax revenues that would result if the
reserve were sold.
(2) The independent experts retained under paragraph (1)
shall also determine and submit to the Secretary the estimated
total amount of the cost of any environmental restoration and
remediation necessary at the reserve. The Secretary shall
report the estimate to the Director of the Office of Management
and Budget, the Secretary of the Treasury, and Congress.
(3) The Secretary, in consultation with the Director of the
Office of Management and Budget, shall set the minimum
acceptable price for the reserve. The Secretary may not set the
minimum acceptable price below the higher of--
(A) the average of the five assessments prepared
under paragraph (1); and
(B) the average of three assessments after
excluding the high and low assessments.
(e) Administration of Sale; Draft Contract.--(1) Not later
than two months after the effective date, the Secretary shall
retain the services of an investment banker to independently
administer, in a manner consistent with commercial practices
and in a manner that maximizes sale proceeds to the Government,
the sale of Naval Petroleum Reserve Numbered 1 under this
section. Costs and fees of retaining the investment banker may
be paid out of the proceeds of the sale of the reserve.
(2) Not later than six months after the effective date, the
investment banker retained under paragraph (1) shall complete a
draft contract or contracts for the sale of Naval Petroleum
Reserve Numbered 1, which shall accompany the solicitation of
offers and describe the terms and provisions of the sale of the
interest of the United States in the reserve.
(3) The draft contract or contracts shall identify--
(A) all equipment and facilities to be included in
the sale; and
(B) any potential claim or liability (including
liability for environmental restoration and
remediation), and the extent of any such claim or
liability, for which the United States is responsible
under subsection (g).
(4) The draft contract or contracts, including the terms
and provisions of the sale of the interest of the United States
in the reserve, shall be subject to review and approval by the
Secretary, the Secretary of the Treasury, and the Director of
the Office of Management and Budget. Each of those officials
shall complete the review of, and approve or disapprove, the
draft contract or contracts not later than seven months after
the effective date.
(f) Solicitation of Offers.--(1) Not later than seven
months after the effective date, the Secretary shall publish
the solicitation of offers for Naval Petroleum Reserve Numbered
1.
(2) Not later than 10 months after the effective date, the
Secretary shall identify the highest responsible offer or
offers for purchase of the interest of the United States in
Naval Petroleum Reserve Numbered 1 that, in total, meet or
exceed the minimum acceptable price determined under subsection
(d)(3).
(3) The Secretary shall take such action immediately after
the effective date as is necessary to obtain from an
independent petroleum engineer within six months after that
date a reserve report prepared in a manner consistent with
commercial practices. The Secretary shall use the reserve
report in support of the preparation of the solicitation of
offers for the reserve.
(g) Future Liabilities.--To effectuate the sale of the
interest of the United States in Naval Petroleum Reserve
Numbered 1, the Secretary may extend such indemnities and
warranties as the Secretary considers reasonable and necessary
to protect the purchaser from claims arising from the ownership
in the reserve by the United States.
(h) Maintaining Production.--Until the sale of Naval
Petroleum Reserve Numbered 1 is completed under this section,
the Secretary shall continue to produce the reserve at the
maximum daily oil or gas rate from a reservoir, which will
permit maximum economic development of the reservoir consistent
with sound oil field engineering practices in accordance with
section 3 of the unit plan contract.
(i) Noncompliance With Deadlines.--At any time during the
one-year period beginning on the effective date, if the
Secretary determines that the actions necessary to complete the
sale of the reserve within that period are not being taken or
timely completed, the Secretary shall transmit to the
appropriate congressional committees a written notification of
that determination together with a plan setting forth the
actions that will be taken to ensure that the sale of the
reserve will be completed within that period. The Secretary
shall consult with the Director of the Office of Management and
Budget in preparing the plan for submission to the committees.
(j) Oversight.--The Comptroller General shall monitor the
actions of the Secretary relating to the sale of the reserve
and report to the appropriate congressional committees any
findings on such actions that the Comptroller General considers
appropriate to report to the committees.
(k) Acquisition of Services.--The Secretary may enter into
contracts for the acquisition of services required under this
section under the authority of paragraph (7) of section 303(c)
of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253(c)), except that the notification required under
subparagraph (B) of such paragraph for each contract shall be
submitted to Congress not less than 7 days before the award of
the contract.
SEC. 3413. EFFECT OF SALE OF RESERVE.
(a) Effect on Existing Contracts.--(1) In the case of any
contract, in effect on the effective date, for the purchase of
production from any part of the United States' share of Naval
Petroleum Reserve Numbered 1, the sale of the interest of the
United States in the reserve shall be subject to the contract
for a period of three months after the closing date of the sale
or until termination of the contract, whichever occurs first.
The term of any contract entered into after the effective date
for the purchase of the production shall not exceed the
anticipated closing date for the sale of the reserve.
(2) The Secretary shall exercise the termination procedures
provided in the contract between the United States and Bechtel
Petroleum Operation, Inc., Contract Number DE-ACO1-85FE60520 so
that the contract terminates not later than the date of closing
of the sale of Naval Petroleum Reserve Numbered 1 under section
3412.
(3) The Secretary shall exercise the termination procedures
provided in the unit plan contract so that the unit plan
contract terminates not later than the date of closing of the
sale of reserve.
(b) Effect on Antitrust Laws.--Nothing in this subtitle
shall be construed to alter the application of the antitrust
laws of the United States to the purchaser or purchasers (as
the case may be) of Naval Petroleum Reserve Numbered 1 or to
the lands in the reserve subject to sale under section 3412
upon the completion of the sale.
(c) Preservation of Private Right, Title, and Interest.--
Nothing in this subtitle shall be construed to adversely affect
the ownership interest of any other entity having any right,
title, and interest in and to lands within the boundaries of
Naval Petroleum Reserve Numbered 1 and which are subject to the
unit plan contract.
(d) Transfer of Otherwise Nontransferable Permit.--The
Secretary may transfer to the purchaser or purchasers (as the
case may be) of Naval Petroleum Reserve Numbered 1 the
incidental take permit regarding the reserve issued to the
Secretary by the United States Fish and Wildlife Service and in
effect on the effective date if the Secretary determines that
transfer of the permit is necessary to expedite the sale of the
reserve in a manner that maximizes the value of the sale to the
United States. The transferred permit shall cover the identical
activities, and shall be subject to the same terms and
conditions, as apply to the permit at the time of the transfer.
SEC. 3414. CONDITIONS ON SALE PROCESS.
(a) Notice Regarding Sale Conditions.--The Secretary may
not enter into any contract for the sale of Naval Petroleum
Reserve Numbered 1 under section 3412 until the end of the 31-
day period beginning on the date on which the Secretary submits
to the appropriate congressional committees a written
notification--
(1) describing the conditions of the proposed sale;
and
(2) containing an assessment by the Secretary of
whether it is in the best interests of the United
States to sell the reserve under such conditions.
(b) Authority to Suspend Sale.--(1) The Secretary may
suspend the sale of Naval Petroleum Reserve Numbered 1 under
section 3412 if the Secretary and the Director of the Office of
Management and Budget jointly determine that--
(A) the sale is proceeding in a manner inconsistent
with achievement of a sale price that reflects the full
value of the reserve; or
(B) a course of action other than the immediate
sale of the reserve is in the best interests of the
United States.
(2) Immediately after making a determination under
paragraph (1) to suspend the sale of Naval Petroleum Reserve
Numbered 1, the Secretary shall submit to the appropriate
congressional committees a written notification describing the
basis for the determination and requesting a reconsideration of
the merits of the sale of the reserve.
(c) Effect of Reconsideration Notice.--After the Secretary
submits a notification under subsection (b), the Secretary may
not complete the sale of Naval Petroleum Reserve Numbered 1
under section 3412 or any other provision of law unless the
sale of the reserve is authorized in an Act of Congress enacted
after the date of the submission of the notification.
SEC. 3415. TREATMENT OF STATE OF CALIFORNIA CLAIM REGARDING RESERVE.
(a) Reservation of Funds.--After the costs incurred in the
conduct of the sale of Naval Petroleum Reserve Numbered 1 under
section 3412 are deducted, nine percent of the remaining
proceeds from the sale of the reserve shall be reserved in a
contingent fund in the Treasury for payment to the State of
California for the Teachers' Retirement Fund of the State in
the event that, and to the extent that, the claims of the State
against the United States regarding production and proceeds of
sale from Naval Petroleum Reserve Numbered 1 are--
(1) settled by agreement with the United States
under subsection (c); or
(2) finally resolved in favor of the State by a
court of competent jurisdiction, if a settlement
agreement is not reached.
(b) Disposition of Funds.--In such amounts as may be
provided in appropriation Acts, amounts in the contingent fund
shall be available for paying a claim described in subsection
(a). After final disposition of the claims, any unobligated
balance in the contingent fund shall be credited to the general
fund of the Treasury. If no payment is made from the contingent
fund within 10 years after the effective date, amounts in the
contingent fund shall be credited to the general fund of the
Treasury.
(c) Settlement Offer.--Not later than 30 days after the
date of the sale of Naval Petroleum Reserve Numbered 1 under
section 3412, the Secretary shall offer to settle all claims of
the State of California against the United States with respect
to lands in the reserve located in sections 16 and 36 of
township 30 south, range 23 east, Mount Diablo Principal
Meridian, California, and production or proceeds of sale from
the reserve, in order to provide proper compensation for the
State's claims. The Secretary shall base the amount of the
offered settlement payment from the contingent fund on the fair
value for the State's claims, including the mineral estate, not
to exceed the amount reserved in the contingent fund.
(d) Release of Claims.--Acceptance of the settlement offer
made under subsection (c) shall be subject to the condition
that all claims against the United States by the State of
California for the Teachers' Retirement Fund of the State be
released with respect to lands in Naval Petroleum Reserve
Numbered 1, including sections 16 and 36 of township 30 south,
range 23 east, Mount Diablo Principal Meridian, California, or
production or proceeds of sale from the reserve.
SEC. 3416. STUDY OF FUTURE OF OTHER NAVAL PETROLEUM RESERVES.
(a) Study Required.--The Secretary of Energy shall conduct
a study to determine which of the following options, or
combinations of options, regarding the naval petroleum reserves
(other than Naval Petroleum Reserve Numbered 1) would maximize
the value of the reserves to the United States:
(1) Retention and operation of the naval petroleum
reserves by the Secretary under chapter 641 of title
10, United States Code.
(2) Transfer of all or a part of the naval
petroleum reserves to the jurisdiction of another
Federal agency for administration under chapter 641 of
title 10, United States Code.
(3) Transfer of all or a part of the naval
petroleum reserves to the Department of the Interior
for leasing in accordance with the Mineral Leasing Act
(30 U.S.C. 181 et seq.) and surface management in
accordance with the Federal Land Policy and Management
Act (43 U.S.C. 1701 et seq.).
(4) Sale of the interest of the United States in
the naval petroleum reserves.
(b) Conduct of Study.--The Secretary shall retain an
independent petroleum consultant to conduct the study.
(c) Considerations Under Study.--An examination of the
value to be derived by the United States from the transfer or
sale of the naval petroleum reserves shall include an
assessment and estimate of the fair market value of the
interest of the United States in the naval petroleum reserves.
The assessment and estimate shall be made in a manner
consistent with customary property valuation practices in the
oil and gas industry.
(d) Report and Recommendations Regarding Study.--Not later
than June 1, 1996, the Secretary shall submit to Congress a
report describing the results of the study and containing such
recommendations (including proposed legislation) as the
Secretary considers necessary to implement the option, or
combination of options, identified in the study that would
maximize the value of the naval petroleum reserves to the
United States.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Appropriations
SEC. 3501. SHORT TITLE.
This subtitle may be cited as the ``Panama Canal Commission
Authorization Act for Fiscal Year 1996''.
SEC. 3502. AUTHORIZATION OF EXPENDITURES.
(a) In General.--Subject to subsection (b), the Panama
Canal Commission is authorized to make such expenditures within
the limits of funds and borrowing authority available to it in
accordance with law, and to make such contracts and commitments
without regard to fiscal year limitations, as may be necessary
under the Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) for
the operation, maintenance, and improvement of the Panama Canal
for fiscal year 1996.
(b) Limitations.--For fiscal year 1996, the Panama Canal
Commission may expend from funds in the Panama Canal Revolving
Fund not more than $50,741,000 for administrative expenses, of
which--
(1) not more than $15,000 may be used for official
reception and representation expenses of the
Supervisory Board of the Commission;
(2) not more than $10,000 may be used for official
reception and representation expenses of the Secretary
of the Commission; and
(3) not more than $45,000 may be used for official
reception and representation expenses of the
Administrator of the Commission.
(c) Replacement Vehicles.--Funds available to the Panama
Canal Commission shall be available for the purchase of not to
exceed 38 passenger motor vehicles (including large heavy-duty
vehicles to be used to transport Commission personnel across
the isthmus of Panama) at a cost per vehicle of not more than
$19,500. A vehicle may be purchased with such funds only as
necessary to replace another passenger motor vehicle of the
Commission.
SEC. 3503. EXPENDITURES IN ACCORDANCE WITH OTHER LAWS.
Expenditures authorized under this subtitle may be made
only in accordance with the Panama Canal Treaties of 1977 and
any law of the United States implementing those treaties.
Subtitle B--Reconstitution of Commission as Government Corporation
SEC. 3521. SHORT TITLE.
This subtitle may be cited as the ``Panama Canal Amendments
Act of 1995''.
SEC. 3522. RECONSTITUTION OF COMMISSION AS GOVERNMENT CORPORATION.
(a) In General.--Section 1101 of the Panama Canal Act of
1979 (22 U.S.C. 3611) is amended to read as follows:
``establishment, purposes, offices, and residence of commission
``Sec. 1101. (a) For the purposes of managing, operating,
and maintaining the Panama Canal and its complementary works,
installations and equipment, and of conducting operations
incident thereto, in accordance with the Panama Canal Treaty of
1977 and related agreements, the Panama Canal Commission
(hereinafter in this Act referred to as the `Commission') is
established as a wholly owned government corporation (as that
term is used in chapter 91 of title 31, United States Code)
within the executive branch of the Government of the United
States. The authority of the President with respect to the
Commission shall be exercised through the Secretary of Defense.
``(b) The principal office of the Commission shall be
located in the Republic of Panama in one of the areas made
available for use of the United States under the Panama Canal
Treaty of 1977 and related agreements, but the Commission may
establish branch offices in such other places as it considers
necessary or appropriate for the conduct of its business.
Within the meaning of the laws of the United States relating to
venue in civil actions, the Commission is an inhabitant and
resident of the District of Columbia and the eastern judicial
district of Louisiana.''.
(b) Clerical Amendment.--The item relating to such section
in the table of contents in section 1 of such Act is amended to
read as follows:
``1101. Establishment, Purposes, Offices, and Residence of
Commission.''.
SEC. 3523. SUPERVISORY BOARD.
Section 1102 of the Panama Canal Act of 1979 (22 U.S.C.
3612) is amended by striking out so much as precedes subsection
(b) and inserting in lieu thereof the following:
``supervisory board
``Sec. 1102. (a) The Commission shall be supervised by a
Board composed of nine members, one of whom shall be the
Secretary of Defense or an officer of the Department of Defense
designated by the Secretary. Not less than five members of the
Board shall be nationals of the United States and the remaining
members of the Board shall be nationals of the Republic of
Panama. Three members of the Board who are nationals of the
United States shall hold no other office in, and shall not be
employed by, the Government of the United States, and shall be
chosen for the independent perspective they can bring to the
Commission's affairs. Members of the Board who are nationals of
the United States shall cast their votes as directed by the
Secretary of Defense or a designee of the Secretary of
Defense.''.
SEC. 3524. GENERAL AND SPECIFIC POWERS OF COMMISSION.
(a) In General.--The Panama Canal Act of 1979 (22 U.S.C.
3601 et seq.) is amended by inserting after section 1102 the
following new sections:
``general powers of commission
``Sec. 1102a. (a) The Commission may adopt, alter, and use
a corporate seal, which shall be judicially noticed.
``(b) The Commission may by action of the Board of
Directors adopt, amend, and repeal bylaws governing the conduct
of its general business and the performance of the powers and
duties granted to or imposed upon it by law.
``(c) The Commission may sue and be sued in its corporate
name, except that--
``(1) the amenability of the Commission to suit is
limited by Article VIII of the Panama Canal Treaty of
1977, section 1401 of this Act, and otherwise by law;
``(2) an attachment, garnishment, or similar
process may not be issued against salaries or other
moneys owed by the Commission to its employees except
as provided by section 5520a of title 5, United States
Code, and sections 459, 461, and 462 of the Social
Security Act (42 U.S.C. 659, 661, 662), or as otherwise
specifically authorized by the laws of the United
States; and
``(3) the Commission is exempt from the payment of
interest on claims and judgments.
``(d) The Commission may enter into contracts, leases,
agreements, or other transactions.
``(e) The Commission--
``(1) may determine the character of, and necessity
for, its obligations and expenditures and the manner in
which they shall be incurred, allowed, and paid; and
``(2) may incur, allow, and pay its obligations and
expenditures, subject to pertinent provisions of law
generally applicable to Government corporations.
``(f) The Commission shall have the priority of the
Government of the United States in the payment of debts out of
bankrupt estates.
``(g) The authority of the Commission under this section
and section 1102B is subject to the Panama Canal Treaty of 1977
and related agreements, and to chapter 91 of title 31, United
States Code.
``specific powers of commission
``Sec. 1102b. (a) The Commission may manage, operate, and
maintain the Panama Canal.
``(b) The Commission may construct or acquire, establish,
maintain, and operate such activities, facilities, and
appurtenances as necessary and appropriate for the
accomplishment of the purposes of this Act, including the
following:
``(1) Docks, wharves, piers, and other shoreline
facilities.
``(2) Shops and yards.
``(3) Marine railways, salvage and towing
facilities, fuel-handling facilities, and motor
transportation facilities.
``(4) Power systems, water systems, and a telephone
system.
``(5) Construction facilities.
``(6) Living quarters and other buildings.
``(7) Warehouses, storehouses, a printing plant,
and manufacturing, processing, or service facilities in
connection therewith.
``(8) Recreational facilities.
``(c) The Commission may use the United States mails in the
same manner and under the same conditions as the executive
departments of the Federal Government.
``(d) The Commission may take such actions as are necessary
or appropriate to carry out the powers specifically conferred
upon it.''.
(b) Clerical Amendment.--The table of contents in section 1
of such Act is amended by inserting after the item relating to
section 1102 the following new items:
``1102a. General powers of Commission.
``1102b. Specific powers of Commission.''.
SEC. 3525. CONGRESSIONAL REVIEW OF BUDGET.
Section 1302 of the Panama Canal Act of 1979 (22 U.S.C.
3712) is amended--
(1) in subsection (c)--
(A) by striking out ``and subject to
paragraph (2)'' in paragraph (1);
(B) by striking out paragraph (2); and
(C) by redesignating paragraph (3) as
paragraph (2); and
(2) by striking out subsection (e) and inserting in
lieu thereof the following new subsection (e):
``(e) In accordance with section 9104 of title 31, United
States Code, Congress shall review the annual budget of the
Commission.''.
SEC. 3526. AUDITS.
(a) In General.--Section 1313 of the Panama Canal Act of
1979 (22 U.S.C. 3723) is amended--
(1) by striking out the heading for the section and
inserting in lieu thereof the following: ``audits'';
(2) in subsection (a)--
(A) by striking out ``Financial
transactions'' and inserting in lieu thereof
``Notwithstanding any other provision of law,
and subject to subsection (d), financial
transactions'';
(B) by striking out ``pursuant to the
Accounting and Auditing Act of 1950 (31 U.S.C.
65 et seq.)'';
(C) by striking out ``audit pursuant to
such Act'' in the second sentence and inserting
in lieu thereof ``such audit'';
(D) by striking out ``An audit pursuant to
such Act'' in the last sentence and inserting
in lieu thereof ``Any such audit''; and
(E) by adding at the end the following new
sentence: ``An audit performed under this
section is subject to the requirements of
paragraphs (2), (3), and (5) of section 9105(a)
of title 31, United States Code.'';
(3) in subsection (b), by striking out ``The
Comptroller General'' in the first sentence and
inserting in lieu thereof ``Subject to subsection (d),
the Comptroller General''; and
(4) by adding at the end the following new
subsections:
``(d) At the discretion of the Board provided for in
section 1102, the Commission may hire independent auditors to
perform, in lieu of the Comptroller General, the audit and
reporting functions prescribed in subsections (a) and (b).
``(e) In addition to auditing the financial statements of
the Commission, the Comptroller General (or the independent
auditor if one is employed pursuant to subsection (d)) shall,
in accordance with standards for an examination of a financial
forecast established by the American Institute of Certified
Public Accountants, examine and report on the Commission's
financial forecast that it will be in a position to meet its
financial liabilities on December 31, 1999.''.
(b) Clerical Amendment.--The item relating to such section
in the table of contents in section 1 of such Act is amended to
read as follows:
``1313. Audits.''.
SEC. 3527. PRESCRIPTION OF MEASUREMENT RULES AND RATES OF TOLLS.
Section 1601 of the Panama Canal Act of 1979 (22 U.S.C.
3791) is amended to read as follows:
``prescription of measurement rules and rates of tolls
``Sec. 1601. The Commission may, subject to the provisions
of this Act, prescribe and from time to time change--
``(1) the rules for the measurement of vessels for
the Panama Canal; and
``(2) the tolls that shall be levied for use of the
Panama Canal.''.
SEC. 3528. PROCEDURES FOR CHANGES IN RULES OF MEASUREMENT AND RATES OF
TOLLS.
Section 1604 of the Panama Canal Act of 1979 (22 U.S.C.
3794) is amended--
(1) in subsection (a), by striking out ``1601(a)''
in the first sentence and inserting in lieu thereof
``1601'';
(2) by striking out subsection (c) and inserting in
lieu thereof the following new subsection (c):
``(c) After the proceedings have been conducted pursuant to
subsections (a) and (b), the Commission may change the rules of
measurement or rates of tolls, as the case may be. The
Commission shall publish notice of any such change in the
Federal Register not less than 30 days before the effective
date of the change.''; and
(3) by striking out subsections (d) and (e) and
redesignating subsection (f) as subsection (d).
SEC. 3529. MISCELLANEOUS TECHNICAL AMENDMENTS.
The Panama Canal Act of 1979 is amended--
(1) in section 1205 (22 U.S.C. 3645), by striking
out ``appropriation'' in the last sentence and
inserting in lieu thereof ``fund'';
(2) in section 1303 (22 U.S.C. 3713), by striking
out ``The authority of this section may not be used for
administrative expenses.'';
(3) in section 1321(d) (22 U.S.C. 3731(d)), by
striking out ``appropriations or'' in the second
sentence;
(4) in section 1401(c) (22 U.S.C. 3761(c)), by
striking out ``appropriated for or'' in the first
sentence;
(5) in section 1415 (22 U.S.C. 3775), by striking
out ``appropriated or'' in the second sentence; and
(6) in section 1416 (22 U.S.C. 3776), by striking
out ``appropriated or'' in the third sentence.
SEC. 3530. CONFORMING AMENDMENT TO TITLE 31, UNITED STATES CODE.
Section 9101(3) of title 31, United States Code, is amended
by adding at the end the following:
``(P) the Panama Canal Commission.''.
DIVISION D--FEDERAL ACQUISITION REFORM
SEC. 4001. SHORT TITLE.
This division may be cited as the ``Federal Acquisition
Reform Act of 1995''.
TITLE XLI--COMPETITION
SEC. 4101. EFFICIENT COMPETITION.
(a) Armed Services Acquisitions.--Section 2304 of title 10,
United States Code, is amended--
(1) by redesignating subsection (j) as subsection
(k); and
(2) by inserting after subsection (i) the following
new subsection (j):
``(j) The Federal Acquisition Regulation shall ensure that
the requirement to obtain full and open competition is
implemented in a manner that is consistent with the need to
efficiently fulfill the Government's requirements.''.
(b) Civilian Agency Acquisitions.--Section 303 of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253) is amended--
(1) by redesignating subsection (h) as subsection
(i); and
(2) by inserting after subsection (g) the following
new subsection (h):
``(h) The Federal Acquisition Regulation shall ensure that
the requirement to obtain full and open competition is
implemented in a manner that is consistent with the need to
efficiently fulfill the Government's requirements.''.
(c) Revisions to Notice Thresholds.--Section 18(a)(1)(B) of
the Office of Federal Procurement Policy Act (41 U.S.C.
416(a)(1)(B)) is amended--
(A) by striking out ``subsection (f)--'' and all
that follows through the end of the subparagraph and
inserting in lieu thereof ``subsection (b); and''; and
(B) by inserting after ``property or services'' the
following: ``for a price expected to exceed $10,000,
but not to exceed $25,000,''.
SEC. 4102. EFFICIENT APPROVAL PROCEDURES.
(a) Armed Services Acquisitions.--Section 2304(f)(1)(B) of
title 10, United States Code, is amended--
(1) in clause (i)--
(A) by striking out ``$100,000 (but equal
to or less than $1,000,000)'' and inserting in
lieu thereof ``$500,000 (but equal to or less
than $10,000,000)''; and
(B) by striking out ``(ii), (iii), or
(iv)'' and inserting in lieu thereof ``(ii) or
(iii)'';
(2) in clause (ii)--
(A) by striking out ``$1,000,000 (but equal
to or less than $10,000,000)'' and inserting in
lieu thereof ``$10,000,000 (but equal to or
less than $50,000,000)''; and
(B) by adding ``or'' at the end;
(3) by striking out clause (iii); and
(4) by redesignating clause (iv) as clause (iii).
(b) Civilian Agency Acquisitions.--Section 303(f)(1)(B) of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253(f)(1)(B)) is amended--
(1) in clause (i)--
(A) by striking out ``$100,000 (but equal
to or less than $1,000,000)'' and inserting in
lieu thereof ``$500,000 (but equal to or less
than $10,000,000)''; and
(B) by striking out ``(ii), (iii), or
(iv);'' and inserting in lieu thereof ``(ii) or
(iii); and'';
(2) in clause (ii)--
(A) by striking out ``$1,000,000 (but equal
to or less than $10,000,000)'' and inserting in
lieu thereof ``$10,000,000 (but equal to or
less than $50,000,000)''; and
(B) by striking out the semicolon after
``civilian'' and inserting in lieu thereof a
comma; and
(3) in clause (iii), by striking out
``$10,000,000'' and inserting in lieu thereof
``$50,000,000''.
SEC. 4103. EFFICIENT COMPETITIVE RANGE DETERMINATIONS.
(a) Armed Services Acquisitions.--Paragraph (4) of 2305(b)
of title 10, United States Code, is amended--
(1) in subparagraph (C), by striking out ``(C)'',
by transferring the text to the end of subparagraph
(B), and in that text by striking out ``Subparagraph
(B)'' and inserting in lieu thereof ``This
subparagraph'';
(2) by redesignating subparagraph (B) as
subparagraph (C); and
(3) by inserting before subparagraph (C) (as so
redesignated) the following new subparagraph (B):
``(B) If the contracting officer determines that the number
of offerors that would otherwise be included in the competitive
range under subparagraph (A)(i) exceeds the number at which an
efficient competition can be conducted, the contracting officer
may limit the number of proposals in the competitive range, in
accordance with the criteria specified in the solicitation, to
the greatest number that will permit an efficient competition
among the offerors rated most highly in accordance with such
criteria.''.
(b) Civilian Agency Acquisitions.--Section 303B(d) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253b(d)) is amended--
(1) by redesignating paragraph (2) as paragraph
(3); and
(2) by inserting before paragraph (3) (as so
redesignated) the following new paragraph (2):
``(2) If the contracting officer determines that the number
of offerors that would otherwise be included in the competitive
range under paragraph (1)(A) exceeds the number at which an
efficient competition can be conducted, the contracting officer
may limit the number of proposals in the competitive range, in
accordance with the criteria specified in the solicitation, to
the greatest number that will permit an efficient competition
among the offerors rated most highly in accordance with such
criteria.''.
SEC. 4104. PREAWARD DEBRIEFINGS.
(a) Armed Services Acquisitions.--Section 2305(b) of title
10, United States Code, is amended--
(1) by striking out subparagraph (F) of paragraph
(5);
(2) by redesignating paragraph (6) as paragraph
(9); and
(3) by inserting after paragraph (5) the following
new paragraphs:
``(6)(A) When the contracting officer excludes an offeror
submitting a competitive proposal from the competitive range
(or otherwise excludes such an offeror from further
consideration prior to the final source selection decision),
the excluded offeror may request in writing, within three days
after the date on which the excluded offeror receives notice of
its exclusion, a debriefing prior to award. The contracting
officer shall make every effort to debrief the unsuccessful
offeror as soon as practicable but may refuse the request for a
debriefing if it is not in the best interests of the Government
to conduct a debriefing at that time.
``(B) The contracting officer is required to debrief an
excluded offeror in accordance with paragraph (5) of this
section only if that offeror requested and was refused a
preaward debriefing under subparagraph (A) of this paragraph.
``(C) The debriefing conducted under this subsection shall
include--
``(i) the executive agency's evaluation of the
significant elements in the offeror's offer;
``(ii) a summary of the rationale for the offeror's
exclusion; and
``(iii) reasonable responses to relevant questions
posed by the debriefed offeror as to whether source
selection procedures set forth in the solicitation,
applicable regulations, and other applicable
authorities were followed by the executive agency.
``(D) The debriefing conducted pursuant to this subsection
may not disclose the number or identity of other offerors and
shall not disclose information about the content, ranking, or
evaluation of other offerors' proposals.
``(7) The contracting officer shall include a summary of
any debriefing conducted under paragraph (5) or (6) in the
contract file.
``(8) The Federal Acquisition Regulation shall include a
provision encouraging the use of alternative dispute resolution
techniques to provide informal, expeditious, and inexpensive
procedures for an offeror to consider using before filing a
protest, prior to the award of a contract, of the exclusion of
the offeror from the competitive range (or otherwise from
further consideration) for that contract.''.
(b) Civilian Agency Acquisitions.--Section 303B of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253b) is amended--
(1) by striking out paragraph (6) of subsection
(e);
(2) by redesignating subsections (f), (g), (h), and
(i) as subsections (i), (j), (k), and (l),
respectively; and
(3) by inserting after subsection (e) the following
new subsections:
``(f)(1) When the contracting officer excludes an offeror
submitting a competitive proposal from the competitive range
(or otherwise excludes such an offeror from further
consideration prior to the final source selection decision),
the excluded offeror may request in writing, within 3 days
after the date on which the excluded offeror receives notice of
its exclusion, a debriefing prior to award. The contracting
officer shall make every effort to debrief the unsuccessful
offeror as soon as practicable but may refuse the request for a
debriefing if it is not in the best interests of the Government
to conduct a debriefing at that time.
``(2) The contracting officer is required to debrief an
excluded offeror in accordance with subsection (e) of this
section only if that offeror requested and was refused a
preaward debriefing under paragraph (1) of this subsection.
``(3) The debriefing conducted under this subsection shall
include--
``(A) the executive agency's evaluation of the
significant elements in the offeror's offer;
``(B) a summary of the rationale for the offeror's
exclusion; and
``(C) reasonable responses to relevant questions
posed by the debriefed offeror as to whether source
selection procedures set forth in the solicitation,
applicable regulations, and other applicable
authorities were followed by the executive agency.
``(4) The debriefing conducted pursuant to this subsection
may not disclose the number or identity of other offerors and
shall not disclose information about the content, ranking, or
evaluation of other offerors' proposals.
``(g) The contracting officer shall include a summary of
any debriefing conducted under subsection (e) or (f) in the
contract file.
``(h) The Federal Acquisition Regulation shall include a
provision encouraging the use of alternative dispute resolution
techniques to provide informal, expeditious, and inexpensive
procedures for an offeror to consider using before filing a
protest, prior to the award of a contract, of the exclusion of
the offeror from the competitive range (or otherwise from
further consideration) for that contract.''.
SEC. 4105. DESIGN-BUILD SELECTION PROCEDURES.
(a) Armed Services Acquisitions.--(1) Chapter 137 of title
10, United States Code, is amended by inserting after section
2305 the following new section:
``Sec. 2305a. Design-build selection procedures
``(a) Authorization.--Unless the traditional acquisition
approach of design-bid-build established under the Brooks
Architect-Engineers Act (41 U.S.C. 541 et seq.) is used or
another acquisition procedure authorized by law is used, the
head of an agency shall use the two-phase selection procedures
authorized in this section for entering into a contract for the
design and construction of a public building, facility, or work
when a determination is made under subsection (b) that the
procedures are appropriate for use.
``(b) Criteria for Use.--A contracting officer shall make a
determination whether two-phase selection procedures are
appropriate for use for entering into a contract for the design
and construction of a public building, facility, or work when
the contracting officer anticipates that three or more offers
will be received for such contract, design work must be
performed before an offeror can develop a price or cost
proposal for such contract, the offeror will incur a
substantial amount of expense in preparing the offer, and the
contracting officer has considered information such as the
following:
``(1) The extent to which the project requirements
have been adequately defined.
``(2) The time constraints for delivery of the
project.
``(3) The capability and experience of potential
contractors.
``(4) The suitability of the project for use of the
two-phase selection procedures.
``(5) The capability of the agency to manage the
two-phase selection process.
``(6) Other criteria established by the agency.
``(c) Procedures Described.--Two-phase selection procedures
consist of the following:
``(1) The agency develops, either in-house or by
contract, a scope of work statement for inclusion in
the solicitation that defines the project and provides
prospective offerors with sufficient information
regarding the Government's requirements (which may
include criteria and preliminary design, budget
parameters, and schedule or delivery requirements) to
enable the offerors to submit proposals which meet the
Government's needs. If the agency contracts for
development of the scope of work statement, the agency
shall contract for architectural and engineering
services as defined by and in accordance with the
Brooks Architect-Engineers Act (40 U.S.C. 541 et seq.).
``(2) The contracting officer solicits phase-one
proposals that--
``(A) include information on the
offeror's--
``(i) technical approach; and
``(ii) technical qualifications;
and
``(B) do not include--
``(i) detailed design information;
or
``(ii) cost or price information.
``(3) The evaluation factors to be used in
evaluating phase-one proposals are stated in the
solicitation and include specialized experience and
technical competence, capability to perform, past
performance of the offeror's team (including the
architect-engineer and construction members of the
team) and other appropriate factors, except that cost-
related or price-related evaluation factors are not
permitted. Each solicitation establishes the relative
importance assigned to the evaluation factors and
subfactors that must be considered in the evaluation of
phase-one proposals. The agency evaluates phase-one
proposals on the basis of the phase-one evaluation
factors set forth in the solicitation.
``(4) The contracting officer selects as the most
highly qualified the number of offerors specified in
the solicitation to provide the property or services
under the contract and requests the selected offerors
to submit phase-two competitive proposals that include
technical proposals and cost or price information. Each
solicitation establishes with respect to phase two--
``(A) the technical submission for the
proposal, including design concepts or proposed
solutions to requirements addressed within the
scope of work (or both), and
``(B) the evaluation factors and
subfactors, including cost or price, that must
be considered in the evaluations of proposals
in accordance with paragraphs (2), (3), and (4)
of section 2305(a) of this title.
The contracting officer separately evaluates the
submissions described in subparagraphs (A) and (B).
``(5) The agency awards the contract in accordance
with section 2305(b)(4) of this title.
``(d) Solicitation to State Number of Offerors To Be
Selected for Phase Two Requests for Competitive Proposals.--A
solicitation issued pursuant to the procedures described in
subsection (c) shall state the maximum number of offerors that
are to be selected to submit competitive proposals pursuant to
subsection (c)(4). The maximum number specified in the
solicitation shall not exceed 5 unless the agency determines
with respect to an individual solicitation that a specified
number greater than 5 is in the Government's interest and is
consistent with the purposes and objectives of the two-phase
selection process.
``(e) Requirement for Guidance and Regulations.--The
Federal Acquisition Regulation shall include guidance--
``(1) regarding the factors that may be considered
in determining whether the two-phase contracting
procedures authorized by subsection (a) are appropriate
for use in individual contracting situations;
``(2) regarding the factors that may be used in
selecting contractors; and
``(3) providing for a uniform approach to be used
Government-wide.''.
(2) The table of sections at the beginning of chapter 137
of such title is amended by adding after the item relating to
section 2305 the following new item:
``2305a. Design-build selection procedures.''.
(b) Civilian Agency Acquisitions.--(1) Title III of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 251 et seq.) is amended by inserting after section 303L
the following new section:
``SEC. 303M. DESIGN-BUILD SELECTION PROCEDURES.
``(a) Authorization.--Unless the traditional acquisition
approach of design-bid-build established under the Brooks
Architect-Engineers Act (title IX of this Act) is used or
another acquisition procedure authorized by law is used, the
head of an executive agency shall use the two-phase selection
procedures authorized in this section for entering into a
contract for the design and construction of a public building,
facility, or work when a determination is made under subsection
(b) that the procedures are appropriate for use.
``(b) Criteria for Use.--A contracting officer shall make a
determination whether two-phase selection procedures are
appropriate for use for entering into a contract for the design
and construction of a public building, facility, or work when
the contracting officer anticipates that three or more offers
will be received for such contract, design work must be
performed before an offeror can develop a price or cost
proposal for such contract, the offeror will incur a
substantial amount of expense in preparing the offer, and the
contracting officer has considered information such as the
following:
``(1) The extent to which the project requirements
have been adequately defined.
``(2) The time constraints for delivery of the
project.
``(3) The capability and experience of potential
contractors.
``(4) The suitability of the project for use of the
two-phase selection procedures.
``(5) The capability of the agency to manage the
two-phase selection process.
``(6) Other criteria established by the agency.
``(c) Procedures Described.--Two-phase selection procedures
consist of the following:
``(1) The agency develops, either in-house or by
contract, a scope of work statement for inclusion in
the solicitation that defines the project and provides
prospective offerors with sufficient information
regarding the Government's requirements (which may
include criteria and preliminary design, budget
parameters, and schedule or delivery requirements) to
enable the offerors to submit proposals which meet the
Government's needs. If the agency contracts for
development of the scope of work statement, the agency
shall contract for architectural and engineering
services as defined by and in accordance with the
Brooks Architect-Engineers Act (40 U.S.C. 541 et seq.).
``(2) The contracting officer solicits phase-one
proposals that--
``(A) include information on the
offeror's--
``(i) technical approach; and
``(ii) technical qualifications;
and
``(B) do not include--
``(i) detailed design information;
or
``(ii) cost or price information.
``(3) The evaluation factors to be used in
evaluating phase-one proposals are stated in the
solicitation and include specialized experience and
technical competence, capability to perform, past
performance of the offeror's team (including the
architect-engineer and construction members of the
team) and other appropriate factors, except that cost-
related or price-related evaluation factors are not
permitted. Each solicitation establishes the relative
importance assigned to the evaluation factors and
subfactors that must be considered in the evaluation of
phase-one proposals. The agency evaluates phase-one
proposals on the basis of the phase-one evaluation
factors set forth in the solicitation.
``(4) The contracting officer selects as the most
highly qualified the number of offerors specified in
the solicitation to provide the property or services
under the contract and requests the selected offerors
to submit phase-two competitive proposals that include
technical proposals and cost or price information. Each
solicitation establishes with respect to phase two--
``(A) the technical submission for the
proposal, including design concepts or proposed
solutions to requirements addressed within the
scope of work (or both), and
``(B) the evaluation factors and
subfactors, including cost or price, that must
be considered in the evaluations of proposals
in accordance with subsections (b), (c), and
(d) of section 303A.
The contracting officer separately evaluates the
submissions described in subparagraphs (A) and (B).
``(5) The agency awards the contract in accordance
with section 303B of this title.
``(d) Solicitation to State Number of Offerors To Be
Selected for Phase Two Requests for Competitive Proposals.--A
solicitation issued pursuant to the procedures described in
subsection (c) shall state the maximum number of offerors that
are to be selected to submit competitive proposals pursuant to
subsection (c)(4). The maximum number specified in the
solicitation shall not exceed 5 unless the agency determines
with respect to an individual solicitation that a specified
number greater than 5 is in the Government's interest and is
consistent with the purposes and objectives of the two-phase
selection process.
``(e) Requirement for Guidance and Regulations.--The
Federal Acquisition Regulation shall include guidance--
``(1) regarding the factors that may be considered
in determining whether the two-phase contracting
procedures authorized by subsection (a) are appropriate
for use in individual contracting situations;
``(2) regarding the factors that may be used in
selecting contractors; and
``(3) providing for a uniform approach to be used
Government-wide.''.
(2) The table of sections at the beginning of such Act is
amended by inserting after the item relating to section 303L
the following new item:
``Sec. 303M. Design-build selection procedures.''.
TITLE XLII--COMMERCIAL ITEMS
SEC. 4201. COMMERCIAL ITEM EXCEPTION TO REQUIREMENT FOR CERTIFIED COST
OR PRICING DATA.
(a) Armed Services Acquisitions.--(1) Subsections (b), (c),
and (d) of section 2306a of title 10, United States Code, are
amended to read as follows:
``(b) Exceptions.--
``(1) In general.--Submission of certified cost or
pricing data shall not be required under subsection (a)
in the case of a contract, a subcontract, or
modification of a contract or subcontract--
``(A) for which the price agreed upon is
based on--
``(i) adequate price competition;
or
``(ii) prices set by law or
regulation;
``(B) for the acquisition of a commercial
item; or
``(C) in an exceptional case when the head
of the procuring activity, without delegation,
determines that the requirements of this
section may be waived and justifies in writing
the reasons for such determination.
``(2) Modifications of contracts and subcontracts
for commercial items.--In the case of a modification of
a contract or subcontract for a commercial item that is
not covered by the exception to the submission of
certified cost or pricing data in paragraph (1)(A) or
(1)(B), submission of certified cost or pricing data
shall not be required under subsection (a) if--
``(A) the contract or subcontract being
modified is a contract or subcontract for which
submission of certified cost or pricing data
may not be required by reason of paragraph
(1)(A) or (1)(B); and
``(B) the modification would not change the
contract or subcontract, as the case may be,
from a contract or subcontract for the
acquisition of a commercial item to a contract
or subcontract for the acquisition of an item
other than a commercial item.
``(c) Cost or Pricing Data on Below-Threshold Contracts.--
``(1) Authority to require submission.--Subject to
paragraph (2), when certified cost or pricing data are
not required to be submitted by subsection (a) for a
contract, subcontract, or modification of a contract or
subcontract, such data may nevertheless be required to
be submitted by the head of the procuring activity, but
only if the head of the procuring activity determines
that such data are necessary for the evaluation by the
agency of the reasonableness of the price of the
contract, subcontract, or modification of a contract or
subcontract. In any case in which the head of the
procuring activity requires such data to be submitted
under this subsection, the head of the procuring
activity shall justify in writing the reason for such
requirement.
``(2) Exception.--The head of the procuring
activity may not require certified cost or pricing data
to be submitted under this paragraph for any contract
or subcontract, or modification of a contract or
subcontract, covered by the exceptions in subparagraph
(A) or (B) of subsection (b)(1).
``(3) Delegation of authority prohibited.--The head
of a procuring activity may not delegate functions
under this paragraph.
``(d) Submission of Other Information.--
``(1) Authority to require submission.--When
certified cost or pricing data are not required to be
submitted under this section for a contract,
subcontract, or modification of a contract or
subcontract, the contracting officer shall require
submission of data other than certified cost or pricing
data to the extent necessary to determine the
reasonableness of the price of the contract,
subcontract, or modification of the contract or
subcontract. Except in the case of a contract or
subcontract covered by the exceptions in subsection
(b)(1)(A), the data submitted shall include, at a
minimum, appropriate information on the prices at which
the same item or similar items have previously been
sold that is adequate for evaluating the reasonableness
of the price for the procurement.
``(2) Limitations on authority.--The Federal
Acquisition Regulation shall include the following
provisions regarding the types of information that
contracting officers may require under paragraph (1):
``(A) Reasonable limitations on requests
for sales data relating to commercial items.
``(B) A requirement that a contracting
officer limit, to the maximum extent
practicable, the scope of any request for
information relating to commercial items from
an offeror to only that information that is in
the form regularly maintained by the offeror in
commercial operations.
``(C) A statement that any information
received relating to commercial items that is
exempt from disclosure under section 552(b) of
title 5 shall not be disclosed by the Federal
Government.''.
(2) Section 2306a of such title is further amended--
(A) by striking out subsection (h); and
(B) by redesignating subsection (i) as subsection
(h).
(b) Civilian Agency Acquisitions.--(1) Subsections (b), (c)
and (d) of section 304A of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254b) are
amended to read as follows:
``(b) Exceptions.--
``(1) In general.--Submission of certified cost or
pricing data shall not be required under subsection (a)
in the case of a contract, a subcontract, or a
modification of a contract or subcontract--
``(A) for which the price agreed upon is
based on--
``(i) adequate price competition;
or
``(ii) prices set by law or
regulation;
``(B) for the acquisition of a commercial
item; or
``(C) in an exceptional case when the head
of the procuring activity, without delegation,
determines that the requirements of this
section may be waived and justifies in writing
the reasons for such determination.
``(2) Modifications of contracts and subcontracts
for commercial items.--In the case of a modification of
a contract or subcontract for a commercial item that is
not covered by the exception to the submission of
certified cost or pricing data in paragraph (1)(A) or
(1)(B), submission of certified cost or pricing data
shall not be required under subsection (a) if--
``(A) the contract or subcontract being
modified is a contract or subcontract for which
submission of certified cost or pricing data
may not be required by reason of paragraph
(1)(A) or (1)(B); and
``(B) the modification would not change the
contract or subcontract, as the case may be,
from a contract or subcontract for the
acquisition of a commercial item to a contract
or subcontract for the acquisition of an item
other than a commercial item.
``(c) Cost or Pricing Data on Below-Threshold Contracts.--
``(1) Authority to require submission.--Subject to
paragraph (2), when certified cost or pricing data are
not required to be submitted by subsection (a) for a
contract, subcontract, or modification of a contract or
subcontract, such data may nevertheless be required to
be submitted by the head of the procuring activity, but
only if the head of the procuring activity determines
that such data are necessary for the evaluation by the
agency of the reasonableness of the price of the
contract, subcontract, or modification of a contract or
subcontract. In any case in which the head of the
procuring activity requires such data to be submitted
under this subsection, the head of the procuring
activity shall justify in writing the reason for such
requirement.
``(2) Exception.--The head of the procuring
activity may not require certified cost or pricing data
to be submitted under this paragraph for any contract
or subcontract, or modification of a contract or
subcontract, covered by the exceptions in subparagraph
(A) or (B) of subsection (b)(1).
``(3) Delegation of authority prohibited.--The head
of a procuring activity may not delegate the functions
under this paragraph.
``(d) Submission of Other Information.--
``(1) Authority to require submission.--When
certified cost or pricing data are not required to be
submitted under this section for a contract,
subcontract, or modification of a contract or
subcontract, the contracting officer shall require
submission of data other than certified cost or pricing
data to the extent necessary to determine the
reasonableness of the price of the contract,
subcontract, or modification of the contract or
subcontract. Except in the case of a contract or
subcontract covered by the exceptions in subsection
(b)(1)(A), the data submitted shall include, at a
minimum, appropriate information on the prices at which
the same item or similar items have previously been
sold that is adequate for evaluating the reasonableness
of the price for the procurement.
``(2) Limitations on authority.--The Federal
Acquisition Regulation shall include the following
provisions regarding the types of information that
contracting officers may require under paragraph (1):
``(A) Reasonable limitations on requests
for sales data relating to commercial items.
``(B) A requirement that a contracting
officer limit, to the maximum extent
practicable, the scope of any request for
information relating to commercial items from
an offeror to only that information that is in
the form regularly maintained by the offeror in
commercial operations.
``(C) A statement that any information
received relating to commercial items that is
exempt from disclosure under section 552(b) of
title 5 shall not be disclosed by the Federal
Government.''.
(2) Section 304A of such Act is further amended--
(A) by striking out subsection (h); and
(B) by redesignating subsection (i) as subsection
(h).
SEC. 4202. APPLICATION OF SIMPLIFIED PROCEDURES TO CERTAIN COMMERCIAL
ITEMS.
(a) Armed Services Acquisitions.--(1) Section 2304(g) of
title 10, United States Code, is amended--
(A) in paragraph (1), by striking out ``shall
provide for special simplified procedures for purchases
of'' and all that follows through the end of the
paragraph and inserting in lieu thereof the following:
``shall provide for--
``(A) special simplified procedures for purchases
of property and services for amounts not greater than
the simplified acquisition threshold; and
``(B) special simplified procedures for purchases
of property and services for amounts greater than the
simplified acquisition threshold but not greater than
$5,000,000 with respect to which the contracting
officer reasonably expects, based on the nature of the
property or services sought and on market research,
that offers will include only commercial items.''; and
(B) by adding at the end the following new
paragraph:
``(4) The head of an agency shall comply with the Federal
Acquisition Regulation provisions referred to in section 31(g)
of the Office of Federal Procurement Policy Act (41 U.S.C.
427).''.
(2) Section 2305 of title 10, United States Code, is
amended in subsection (a)(2) by inserting after ``(other than
for'' the following: ``a procurement for commercial items using
special simplified procedures or''.
(b) Civilian Agency Acquisitions.--(1) Section 303(g) of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253(g)) is amended--
(A) in paragraph (1), by striking out ``shall
provide for special simplified procedures for purchases
of'' and all that follows through the end of the
paragraph and inserting in lieu thereof the following:
``shall provide for--
``(A) special simplified procedures for purchases
of property and services for amounts not greater than
the simplified acquisition threshold; and
``(B) special simplified procedures for purchases
of property and services for amounts greater than the
simplified acquisition threshold but not greater than
$5,000,000 with respect to which the contracting
officer reasonably expects, based on the nature of the
property or services sought and on market research,
that offers will include only commercial items.''; and
(B) by adding at the end the following new
paragraph:
``(5) An executive agency shall comply with the Federal
Acquisition Regulation provisions referred to in section 31(g)
of the Office of Federal Procurement Policy Act (41 U.S.C.
427).''.
(2) Section 303A of such Act (41 U.S.C. 253a) is amended in
subsection (b) by inserting after ``(other than for'' the
following: ``a procurement for commercial items using special
simplified procedures or''.
(c) Acquisitions Generally.--Section 31 of the Office of
Federal Procurement Policy Act (41 U.S.C. 427) is amended--
(1) in subsection (a), by striking out ``shall
provide for special simplified procedures for purchases
of'' and all that follows through the end of the
subsection and inserting in lieu thereof the following:
``shall provide for--
``(1) special simplified procedures for purchases
of property and services for amounts not greater than
the simplified acquisition threshold; and
``(2) special simplified procedures for purchases
of property and services for amounts greater than the
simplified acquisition threshold but not greater than
$5,000,000 with respect to which the contracting
officer reasonably expects, based on the nature of the
property or services sought and on market research,
that offers will include only commercial items.''; and
(2) by adding at the end the following new
subsection:
``(g) Special Rules for Commercial Items.--The Federal
Acquisition Regulation shall provide that, in the case of a
purchase of commercial items using special simplified
procedures, an executive agency--
``(1) shall publish a notice in accordance with
section 18 and, as provided in subsection (b)(4) of
such section, permit all responsible sources to submit
a bid, proposal, or quotation (as appropriate) which
shall be considered by the agency;
``(2) may not conduct the purchase on a sole source
basis unless the need to do so is justified in writing
and approved in accordance with section 2304 of title
10, United States Code, or section 303 of the Federal
Property and Administrative Services Act of 1949 (41
U.S.C. 253), as applicable; and
``(3) shall include in the contract file a written
description of the procedures used in awarding the
contract and the number of offers received.''.
(d) Simplified Notice.--(1) Section 18 of the Office of
Federal Procurement Policy Act (41 U.S.C. 416) is amended--
(A) in subsection (a)(6), by inserting before
``submission'' the following: ``issuance of
solicitations and the''; and
(B) in subsection (b)(6), by striking out
``threshold--'' and inserting in lieu thereof
``threshold, or a contract for the procurement of
commercial items using special simplified procedures--
''.
(e) Effective Date.--The authority to issue solicitations
for purchases of commercial items in excess of the simplified
acquisition threshold pursuant to the special simplified
procedures authorized by section 2304(g)(1) of title 10, United
States Code, section 303(g)(1) of the Federal Property and
Administrative Services Act of 1949, and section 31(a) of the
Office of Federal Procurement Policy Act, as amended by this
section, shall expire three years after the date on which such
amendments take effect pursuant to section 4401(b). Contracts
may be awarded pursuant to solicitations that have been issued
before such authority expires, notwithstanding the expiration
of such authority.
SEC. 4203. INAPPLICABILITY OF CERTAIN PROCUREMENT LAWS TO COMMERCIALLY
AVAILABLE OFF-THE-SHELF ITEMS.
(a) Laws Listed in the FAR.--The Office of Federal
Procurement Policy Act (41 U.S.C. 401) et seq.) is amended by
adding at the end the following:
``SEC. 35. COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEM ACQUISITIONS:
LISTS OF INAPPLICABLE LAWS IN FEDERAL ACQUISITION
REGULATION.
``(a) Lists of Inapplicable Provisions of Law.--(1) The
Federal Acquisition Regulation shall include a list of
provisions of law that are inapplicable to contracts for the
procurement of commercially available off-the-shelf items.
``(2) A provision of law that, pursuant to paragraph (3),
is properly included on a list referred to in paragraph (1) may
not be construed as being applicable to contracts referred to
in paragraph (1). Nothing in this section shall be construed to
render inapplicable to such contracts any provision of law that
is not included on such list.
``(3) A provision of law described in subsection (b) shall
be included on the list of inapplicable provisions of law
required by paragraph (1) unless the Administrator for Federal
Procurement Policy makes a written determination that it would
not be in the best interest of the United States to exempt such
contracts from the applicability of that provision of law.
Nothing in this section shall be construed as modifying or
superseding, or as being intended to impair or restrict
authorities or responsibilities under--
``(A) section 15 of the Small Business Act (15
U.S.C. 644); or
``(B) bid protest procedures developed under the
authority of subchapter V of chapter 35 of title 31,
United States Code; subsections (e) and (f) of section
2305 of title 10, United States Code; or subsections
(h) and (i) of section 303B of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253b).
``(b) Covered Law.--Except as provided in subsection
(a)(3), the list referred to in subsection (a)(1) shall include
each provision of law that, as determined by the Administrator,
imposes on persons who have been awarded contracts by the
Federal Government for the procurement of commercially
available off-the-shelf items Government-unique policies,
procedures, requirements, or restrictions for the procurement
of property or services, except the following:
``(1) A provision of law that provides for criminal
or civil penalties.
``(2) A provision of law that specifically refers
to this section and provides that, notwithstanding this
section, such provision of law shall be applicable to
contracts for the procurement of commercial off-the-
shelf items.
``(c) Definition.--(1) As used in this section, the term
`commercially available off-the-shelf item' means, except as
provided in paragraph (2), an item that--
``(A) is a commercial item (as described in section
4(12)(A));
``(B) is sold in substantial quantities in the
commercial marketplace; and
``(C) is offered to the Government, without
modification, in the same form in which it is sold in
the commercial marketplace.
``(2) The term `commercially available off-the-shelf item'
does not include bulk cargo, as defined in section 3 of the
Shipping Act of 1984 (46 U.S.C. app. 1702), such as
agricultural products and petroleum products.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 34 the following:
``Sec. 35. Commercially available off-the-shelf item acquisitions: lists
of inapplicable laws in Federal Acquisition Regulation.''.
SEC. 4204. AMENDMENT OF COMMERCIAL ITEMS DEFINITION.
Section 4(12)(F) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)(F)) is amended by inserting ``or
market'' after ``catalog''.
SEC. 4205. INAPPLICABILITY OF COST ACCOUNTING STANDARDS TO CONTRACTS
AND SUBCONTRACTS FOR COMMERCIAL ITEMS.
Paragraph (2)(B) of section 26(f) of the Office of Federal
Procurement Policy Act (41 U.S.C. 422(f)) is amended--
(1) by striking out clause (i) and inserting in
lieu thereof the following:
``(i) Contracts or subcontracts for the acquisition
of commercial items.''; and
(2) by striking out clause (iii).
TITLE XLIII--ADDITIONAL REFORM PROVISIONS
Subtitle A--Additional Acquisition Reform Provisions
SEC. 4301. ELIMINATION OF CERTAIN CERTIFICATION REQUIREMENTS.
(a) Elimination of Certain Statutory Certification
Requirements.--(1) Section 2410b of title 10, United States
Code, is amended in paragraph (2) by striking out
``certification and''.
(2) Section 1352(b)(2) of title 31, United States Code, is
amended--
(A) by striking out subparagraph (C); and
(B) by inserting ``and'' after the semicolon at the
end of subparagraph (A).
(3) Section 5152 of the Drug-Free Workplace Act of 1988 (41
U.S.C. 701) is amended--
(A) in subsection (a)(1), by striking out ``has
certified to the contracting agency that it will'' and
inserting in lieu thereof ``agrees to'';
(B) in subsection (a)(2), by striking out
``contract includes a certification by the individual''
and inserting in lieu thereof ``individual agrees'';
and
(C) in subsection (b)(1)--
(i) by striking out subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (A) and in that subparagraph by
striking out ``such certification by failing to
carry out''; and
(iii) by redesignating subparagraph (C) as
subparagraph (B).
(b) Elimination of Certain Regulatory Certification
Requirements.--
(1) Current certification requirements.--(A) Not
later than 210 days after the date of the enactment of
this Act, the Administrator for Federal Procurement
Policy shall issue for public comment a proposal to
amend the Federal Acquisition Regulation to remove from
the Federal Acquisition Regulation certification
requirements for contractors and offerors that are not
specifically imposed by statute. The Administrator may
omit such a certification requirement from the proposal
only if--
(i) the Federal Acquisition Regulatory
Council provides the Administrator with a
written justification for the requirement and a
determination that there is no less burdensome
means for administering and enforcing the
particular regulation that contains the
certification requirement; and
(ii) the Administrator approves in writing
the retention of the certification requirement.
(B)(i) Not later than 210 days after the date of
the enactment of this Act, the head of each executive
agency that has agency procurement regulations
containing one or more certification requirements for
contractors and offerors that are not specifically
imposed by statute shall issue for public comment a
proposal to amend the regulations to remove the
certification requirements. The head of the executive
agency may omit such a certification requirement from
the proposal only if--
(I) the senior procurement executive for
the executive agency provides the head of the
executive agency with a written justification
for the requirement and a determination that
there is no less burdensome means for
administering and enforcing the particular
regulation that contains the certification
requirement; and
(II) the head of the executive agency
approves in writing the retention of such
certification requirement.
(ii) For purposes of clause (i), the term ``head of
the executive agency'' with respect to a military
department means the Secretary of Defense.
(2) Future certification requirements.--(A) Section
29 of the Office of Federal Procurement Policy Act (41
U.S.C. 425) is amended--
(i) by amending the heading to read as
follows:
``SEC. 29. CONTRACT CLAUSES AND CERTIFICATIONS.'';
(ii) by inserting ``(a) Nonstandard
Contract Clauses.--'' before ``The Federal
Acquisition''; and
(iii) by adding at the end the following
new subsection:
``(c) Prohibition on Certification Requirements.--(1) A
requirement for a certification by a contractor or offeror may
not be included in the Federal Acquisition Regulation unless--
``(A) the certification requirement is specifically
imposed by statute; or
``(B) written justification for such certification
requirement is provided to the Administrator for
Federal Procurement Policy by the Federal Acquisition
Regulatory Council, and the Administrator approves in
writing the inclusion of such certification
requirement.
``(2)(A) A requirement for a certification by a contractor
or offeror may not be included in a procurement regulation of
an executive agency unless--
``(i) the certification requirement is specifically
imposed by statute; or
``(ii) written justification for such certification
requirement is provided to the head of the executive
agency by the senior procurement executive of the
agency, and the head of the executive agency approves
in writing the inclusion of such certification
requirement.
``(B) For purposes of subparagraph (A), the term `head of
the executive agency' with respect to a military department
means the Secretary of Defense.''.
(B) The item relating to section 29 in the table of
contents for the Office of Federal Procurement Policy
Act (contained in section 1(b)) (41 U.S.C. 401 note) is
amended to read as follows:
``Sec. 29. Contract clauses and certifications.''.
(c) Policy of Congress.--Section 29 of the Office of
Federal Procurement Policy Act (41 U.S.C. 425) is further
amended by adding after subsection (a) the following new
subsection:
``(b) Construction of Certification Requirements.--A
provision of law may not be construed as requiring a
certification by a contractor or offeror in a procurement made
or to be made by the Federal Government unless that provision
of law specifically provides that such a certification shall be
required.''.
SEC. 4302. AUTHORITIES CONDITIONED ON FACNET CAPABILITY.
(a) Commencement and Expiration of Authority To Conduct
Certain Tests of Procurement Procedures.--Subsection (j) of
section 5061 of the Federal Acquisition Streamlining Act of
1994 (41 U.S.C. 413 note; 108 Stat. 3355) is amended to read as
follows:
``(j) Commencement and Expiration of Authority.--The
authority to conduct a test under subsection (a) in an agency
and to award contracts under such a test shall take effect on
January 1, 1997, and shall expire on January 1, 2001. A
contract entered into before such authority expires in an
agency pursuant to a test shall remain in effect, in accordance
with the terms of the contract, the notwithstanding of
expiration the authority to conduct the test under this
section.''.
(b) Use of Simplified Acquisition Procedures.--Subsection
(e) of section 31 of the Office of Federal Procurement Policy
Act (41 U.S.C. 427) is amended--
(1) by striking out ``Acquisition Procedures.--''
and all that follows through ``(B) The simplified
acquisition'' in paragraph (2)(B) and inserting in lieu
thereof ``Acquisition Procedures.--The simplified
acquisition''; and
(2) by striking out ``pursuant to this section'' in
the remaining text and inserting in lieu thereof
``pursuant to section 2304(g)(1)(A) of title 10, United
States Code, section 303(g)(1)(A) of the Federal
Property and Administrative Services Act of 1949 (41
U.S.C. 253(g)(1)(A)), and subsection (a)(1) of this
section''.
SEC. 4303. INTERNATIONAL COMPETITIVENESS.
(a) Additional Authority To Waive Research, Development,
and Production Costs.--Subject to subsection (b), section
21(e)(2) of the Arms Export Control Act (22 U.S.C. 2761(e)(2))
is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following new
subparagraphs:
``(B) The President may waive the charge or charges which
would otherwise be considered appropriate under paragraph
(1)(B) for a particular sale if the President determines that--
``(i) imposition of the charge or charges likely
would result in the loss of the sale; or
``(ii) in the case of a sale of major defense
equipment that is also being procured for the use of
the Armed Forces, the waiver of the charge or charges
would (through a resulting increase in the total
quantity of the equipment purchased from the source of
the equipment that causes a reduction in the unit cost
of the equipment) result in a savings to the United
States on the cost of the equipment procured for the
use of the Armed Forces that substantially offsets the
revenue foregone by reason of the waiver of the charge
or charges.
``(C) The President may waive, for particular sales of
major defense equipment, any increase in a charge or charges
previously considered appropriate under paragraph (1)(B) if the
increase results from a correction of an estimate (reasonable
when made) of the production quantity base that was used for
calculating the charge or charges for purposes of such
paragraph.''.
(b) Conditions.--Subsection (a) shall be effective only
if--
(1) the President, in the budget of the President
for fiscal year 1997, proposes legislation that if
enacted would be qualifying offsetting legislation; and
(2) there is enacted qualifying offsetting
legislation.
(c) Effective Date.--If the conditions in subsection (b)
are met, then the amendments made by subsection (a) shall take
effect on the date of the enactment of qualifying offsetting
legislation.
(d) Definitions.--For purposes of this section:
(1) The term ``qualifying offsetting legislation''
means legislation that includes provisions that--
(A) offset fully the estimated revenues
lost as a result of the amendments made by
subsection (a) for each of the fiscal years
1997 through 2005;
(B) expressly state that they are enacted
for the purpose of the offset described in
subparagraph (A); and
(C) are included in full on the PayGo
scorecard.
(2) The term ``PayGo scorecard'' means the
estimates that are made by the Director of the
Congressional Budget Office and the Director of the
Office of Management and Budget under section 252(d) of
the Balanced Budget and Emergency Deficit Control Act
of 1985.
SEC. 4304. PROCUREMENT INTEGRITY.
(a) Amendment of Procurement Integrity Provision.--Section
27 of the Office of Federal Procurement Policy Act (41 U.S.C.
423) is amended to read as follows:
``SEC. 27. RESTRICTIONS ON DISCLOSING AND OBTAINING CONTRACTOR BID OR
PROPOSAL INFORMATION OR SOURCE SELECTION
INFORMATION.
``(a) Prohibition on Disclosing Procurement Information.--
(1) A person described in paragraph (2) shall not, other than
as provided by law, knowingly disclose contractor bid or
proposal information or source selection information before the
award of a Federal agency procurement contract to which the
information relates.
``(2) Paragraph (1) applies to any person who--
``(A) is a present or former officer or employee of
the United States, or a person who is acting or has
acted for or on behalf of, or who is advising or has
advised the United States with respect to, a Federal
agency procurement; and
``(B) by virtue of that office, employment, or
relationship has or had access to contractor bid or
proposal information or source selection information.
``(b) Prohibition on Obtaining Procurement Information.--A
person shall not, other than as provided by law, knowingly
obtain contractor bid or proposal information or source
selection information before the award of a Federal agency
procurement contract to which the information relates.
``(c) Actions Required of Procurement Officers When
Contacted by Offerors Regarding Non-Federal Employment.--(1) If
an agency employee who is participating personally and
substantially in a Federal agency procurement for a contract in
excess of the simplified acquisition threshold contacts or is
contacted by a person who is a bidder or offeror in that
Federal agency procurement regarding possible non-Federal
employment for that employee, the employee shall--
``(A) promptly report the contact in writing to the
employee's supervisor and to the designated agency
ethics official (or designee) of the agency in which
the employee is employed; and
``(B)(i) reject the possibility of non-Federal
employment; or
``(ii) disqualify himself or herself from further
personal and substantial participation in that Federal
agency procurement until such time as the agency has
authorized the employee to resume participation in such
procurement, in accordance with the requirements of
section 208 of title 18, United States Code, and
applicable agency regulations on the grounds that--
``(I) the person is no longer a bidder or
offeror in that Federal agency procurement; or
``(II) all discussions with the bidder or
offeror regarding possible non-Federal
employment have terminated without an agreement
or arrangement for employment.
``(2) Each report required by this subsection shall be
retained by the agency for not less than two years following
the submission of the report. All such reports shall be made
available to the public upon request, except that any part of a
report that is exempt from the disclosure requirements of
section 552 of title 5, United States Code, under subsection
(b)(1) of such section may be withheld from disclosure to the
public.
``(3) An employee who knowingly fails to comply with the
requirements of this subsection shall be subject to the
penalties and administrative actions set forth in subsection
(e).
``(4) A bidder or offeror who engages in employment
discussions with an employee who is subject to the restrictions
of this subsection, knowing that the employee has not complied
with subparagraph (A) or (B) of paragraph (1), shall be subject
to the penalties and administrative actions set forth in
subsection (e).
``(d) Prohibition on Former Employee's Acceptance of
Compensation From Contractor.--(1) A former employee of a
Federal agency may not accept compensation from a contractor as
an employee, officer, director, or consultant of the contractor
within a period of one year after such former employee--
``(A) served, at the time of selection of the
contractor or the award of a contract to that
contractor, as the procuring contracting officer, the
source selection authority, a member of the source
selection evaluation board, or the chief of a financial
or technical evaluation team in a procurement in which
that contractor was selected for award of a contract
in excess of $10,000,000;
``(B) served as the program manager, deputy program
manager, or administrative contracting officer for a
contract in excess of $10,000,000 awarded to that
contractor; or
``(C) personally made for the Federal agency--
``(i) a decision to award a contract,
subcontract, modification of a contract or
subcontract, or a task order or delivery order
in excess of $10,000,000 to that contractor;
``(ii) a decision to establish overhead or
other rates applicable to a contract or
contracts for that contractor that are valued
in excess of $10,000,000;
``(iii) a decision to approve issuance of a
contract payment or payments in excess of
$10,000,000 to that contractor; or
``(iv) a decision to pay or settle a claim
in excess of $10,000,000 with that contractor.
``(2) Nothing in paragraph (1) may be construed to prohibit
a former employee of a Federal agency from accepting
compensation from any division or affiliate of a contractor
that does not produce the same or similar products or services
as the entity of the contractor that is responsible for the
contract referred to in subparagraph (A), (B), or (C) of such
paragraph.
``(3) A former employee who knowingly accepts compensation
in violation of this subsection shall be subject to penalties
and administrative actions as set forth in subsection (e).
``(4) A contractor who provides compensation to a former
employee knowing that such compensation is accepted by the
former employee in violation of this subsection shall be
subject to penalties and administrative actions as set forth in
subsection (e).
``(5) Regulations implementing this subsection shall
include procedures for an employee or former employee of a
Federal agency to request advice from the appropriate
designated agency ethics official regarding whether the
employee or former employee is or would be precluded by this
subsection from accepting compensation from a particular
contractor.
``(e) Penalties and Administrative Actions.--
``(1) Criminal penalties.--Whoever engages in
conduct constituting a violation of subsection (a) or
(b) for the purpose of either--
``(A) exchanging the information covered by
such subsection for anything of value, or
``(B) obtaining or giving anyone a
competitive advantage in the award of a Federal
agency procurement contract,
shall be imprisoned for not more than 5 years or fined
as provided under title 18, United States Code, or
both.
``(2) Civil penalties.--The Attorney General may
bring a civil action in an appropriate United States
district court against any person who engages in
conduct constituting a violation of subsection (a),
(b), (c), or (d). Upon proof of such conduct by a
preponderance of the evidence, the person is subject to
a civil penalty. An individual who engages in such
conduct is subject to a civil penalty of not more than
$50,000 for each violation plus twice the amount of
compensation which the individual received or offered
for the prohibited conduct. An organization that
engages in such conduct is subject to a civil penalty
of not more than $500,000 for each violation plus twice
the amount of compensation which the organization
received or offered for the prohibited conduct.
``(3) Administrative actions.--(A) If a Federal
agency receives information that a contractor or a
person has engaged in conduct constituting a violation
of subsection (a), (b), (c), or (d), the Federal agency
shall consider taking one or more of the following
actions, as appropriate:
``(i) Cancellation of the Federal agency
procurement, if a contract has not yet been
awarded.
``(ii) Rescission of a contract with
respect to which--
``(I) the contractor or someone
acting for the contractor has been
convicted for an offense punishable
under paragraph (1), or
``(II) the head of the agency that
awarded the contract has determined,
based upon a preponderance of the
evidence, that the contractor or
someone acting for the contractor has
engaged in conduct constituting such an
offense.
``(iii) Initiation of suspension or
debarment proceedings for the protection of the
Government in accordance with procedures in the
Federal Acquisition Regulation.
``(iv) Initiation of adverse personnel
action, pursuant to the procedures in chapter
75 of title 5, United States Code, or other
applicable law or regulation.
``(B) If a Federal agency rescinds a contract
pursuant to subparagraph (A)(ii), the United States is
entitled to recover, in addition to any penalty
prescribed by law, the amount expended under the
contract.
``(C) For purposes of any suspension or debarment
proceedings initiated pursuant to subparagraph
(A)(iii), engaging in conduct constituting an offense
under subsection (a), (b), (c), or (d) affects the
present responsibility of a Government contractor or
subcontractor.
``(f) Definitions.--As used in this section:
``(1) The term `contractor bid or proposal
information' means any of the following information
submitted to a Federal agency as part of or in
connection with a bid or proposal to enter into a
Federal agency procurement contract, if that
information has not been previously made available to
the public or disclosed publicly:
``(A) Cost or pricing data (as defined by
section 2306a(h) of title 10, United States
Code, with respect to procurements subject to
that section, and section 304A(h) of the
Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 254b(h)), with respect
to procurements subject to that section).
``(B) Indirect costs and direct labor
rates.
``(C) Proprietary information about
manufacturing processes, operations, or
techniques marked by the contractor in
accordance with applicable law or regulation.
``(D) Information marked by the contractor
as `contractor bid or proposal information', in
accordance with applicable law or regulation.
``(2) The term `source selection information' means
any of the following information prepared for use by a
Federal agency for the purpose of evaluating a bid or
proposal to enter into a Federal agency procurement
contract, if that information has not been previously
made available to the public or disclosed publicly:
``(A) Bid prices submitted in response to a
Federal agency solicitation for sealed bids, or
lists of those bid prices before public bid
opening.
``(B) Proposed costs or prices submitted in
response to a Federal agency solicitation, or
lists of those proposed costs or prices.
``(C) Source selection plans.
``(D) Technical evaluation plans.
``(E) Technical evaluations of proposals.
``(F) Cost or price evaluations of
proposals.
``(G) Competitive range determinations that
identify proposals that have a reasonable
chance of being selected for award of a
contract.
``(H) Rankings of bids, proposals, or
competitors.
``(I) The reports and evaluations of source
selection panels, boards, or advisory councils.
``(J) Other information marked as `source
selection information' based on a case-by-case
determination by the head of the agency, his
designee, or the contracting officer that its
disclosure would jeopardize the integrity or
successful completion of the Federal agency
procurement to which the information relates.
``(3) The term `Federal agency' has the meaning
provided such term in section 3 of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C.
472).
``(4) The term `Federal agency procurement' means
the acquisition (by using competitive procedures and
awarding a contract) of goods or services (including
construction) from non-Federal sources by a Federal
agency using appropriated funds.
``(5) The term `contracting officer' means a person
who, by appointment in accordance with applicable
regulations, has the authority to enter into a Federal
agency procurement contract on behalf of the Government
and to make determinations and findings with respect to
such a contract.
``(6) The term `protest' means a written objection
by an interested party to the award or proposed award
of a Federal agency procurement contract, pursuant to
subchapter V of chapter 35 of title 31, United States
Code.
``(g) Limitation on Protests.--No person may file a protest
against the award or proposed award of a Federal agency
procurement contract alleging a violation of subsection (a),
(b), (c), or (d), nor may the Comptroller General of the United
States consider such an allegation in deciding a protest,
unless that person reported to the Federal agency responsible
for the procurement, no later than 14 days after the person
first discovered the possible violation, the information that
the person believed constitutes evidence of the offense.
``(h) Savings Provisions.--This section does not--
``(1) restrict the disclosure of information to, or
its receipt by, any person or class of persons
authorized, in accordance with applicable agency
regulations or procedures, to receive that information;
``(2) restrict a contractor from disclosing its own
bid or proposal information or the recipient from
receiving that information;
``(3) restrict the disclosure or receipt of
information relating to a Federal agency procurement
after it has been canceled by the Federal agency before
contract award unless the Federal agency plans to
resume the procurement;
``(4) prohibit individual meetings between a
Federal agency employee and an offeror or potential
offeror for, or a recipient of, a contract or
subcontract under a Federal agency procurement,
provided that unauthorized disclosure or receipt of
contractor bid or proposal information or source
selection information does not occur;
``(5) authorize the withholding of information
from, nor restrict its receipt by, Congress, a
committee or subcommittee of Congress, the Comptroller
General, a Federal agency, or an inspector general of a
Federal agency;
``(6) authorize the withholding of information
from, nor restrict its receipt by, the Comptroller
General of the United States in the course of a protest
against the award or proposed award of a Federal agency
procurement contract; or
``(7) limit the applicability of any requirements,
sanctions, contract penalties, and remedies established
under any other law or regulation.''.
(b) Repeals.--The following provisions of law are repealed:
(1) Sections 2397, 2397a, 2397b, and 2397c of title
10, United States Code.
(2) Section 33 of the Federal Energy Administration
Act of 1974 (15 U.S.C. 789).
(3) Section 281 of title 18, United States Code.
(4) Subsection (c) of section 32 of the Office of
Federal Procurement Policy Act (41 U.S.C. 428).
(5) The first section 19 of the Federal Nonnuclear
Energy Research and Development Act of 1974 (42 U.S.C.
5918).
(6) Part A of title VI of the Department of Energy
Organization Act and its catchline (42 U.S.C. 7211,
7212, and 7218).
(7) Section 308 of the Energy Research and
Development Administration Appropriation Authorization
Act for Fiscal Year 1977 (42 U.S.C. 5816a).
(8) Section 522 of the Energy Policy and
Conservation Act (42 U.S.C. 6392).
(c) Clerical Amendments.--
(1) The table of sections at the beginning of
chapter 141 of title 10, United States Code, is amended
by striking out the items relating to sections 2397,
2397a, 2397b, and 2397c.
(2) The table of sections at the beginning of
chapter 15 of title 18, United States Code, is amended
by striking out the item relating to section 281.
(3) Section 32 of the Office of Federal Procurement
Policy Act (41 U.S.C. 428) is amended by redesignating
subsections (d), (e), (f), and (g) as subsections (c),
(d), (e), and (f), respectively.
(4) The table of contents for the Department of
Energy Organization Act is amended by striking out the
items relating to part A of title VI including sections
601 through 603.
(5) The table of contents for the Energy Policy and
Conservation Act is amended by striking out the item
relating to section 522.
SEC. 4305. FURTHER ACQUISITION STREAMLINING PROVISIONS.
(a) Purpose of Office of Federal Procurement Policy.--
(1) Revised statement of purpose.--Section 5(a) of
the Office of Federal Procurement Policy Act (41 U.S.C.
404) is amended to read as follows:
``(a) There is in the Office of Management and Budget an
Office of Federal Procurement Policy (hereinafter referred to
as the `Office') to provide overall direction of Government-
wide procurement policies, regulations, procedures, and forms
for executive agencies and to promote economy, efficiency, and
effectiveness in the procurement of property and services by
the executive branch of the Federal Government.''.
(2) Repeal of findings, policies, and purposes.--
Sections 2 and 3 of such Act (41 U.S.C. 401 and 402)
are repealed.
(b) Repeal of Report Requirement.--Section 8 of the Office
of Federal Procurement Policy Act (41 U.S.C. 407) is repealed.
(c) Obsolete Provisions.--
(1) Relationship to former regulations.--Section 10
of the Office of Federal Procurement Policy Act (41
U.S.C. 409) is repealed.
(2) Authorization of appropriations.--Section 11 of
such Act (41 U.S.C. 410) is amended to read as follows:
``SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated for the Office of
Federal Procurement Policy each fiscal year such sums as may be
necessary for carrying out the responsibilities of that office
for such fiscal year.''.
(d) Clerical Amendments.--The table of contents for the
Office of Federal Procurement Policy Act (contained in section
1(b)) is amended by striking out the items relating to sections
2, 3, 8, and 10.
SEC. 4306. VALUE ENGINEERING FOR FEDERAL AGENCIES.
(a) Use of Value Engineering.--The Office of Federal
Procurement Policy Act (41 U.S.C. 401 et seq.), as amended by
section 4203, is further amended by adding at the end the
following new section:
``SEC. 36. VALUE ENGINEERING.
``(a) In General.--Each executive agency shall establish
and maintain cost-effective value engineering procedures and
processes.
``(b) Definition.--As used in this section, the term `value
engineering' means an analysis of the functions of a program,
project, system, product, item of equipment, building,
facility, service, or supply of an executive agency, performed
by qualified agency or contractor personnel, directed at
improving performance, reliability, quality, safety, and life
cycle costs.''.
(b) Clerical Amendment.--The table of contents for such
Act, contained in section 1(b), is amended by adding at the end
the following new item:
``Sec. 36. Value engineering.''.
SEC. 4307. ACQUISITION WORKFORCE.
(a) Acquisition Workforce.--(1) The Office of Federal
Procurement Policy Act (41 U.S.C. 401 et seq.), as amended by
section 4306, is further amended by adding at the end the
following new section:
``SEC. 37. ACQUISITION WORKFORCE.
``(a) Applicability.--This section does not apply to an
executive agency that is subject to chapter 87 of title 10,
United States Code.
``(b) Management Policies.--
``(1) Policies and procedures.--The head of each
executive agency, after consultation with the
Administrator for Federal Procurement Policy, shall
establish policies and procedures for the effective
management (including accession, education, training,
career development, and performance incentives) of the
acquisition workforce of the agency. The development of
acquisition workforce policies under this section shall
be carried out consistent with the merit system
principles set forth in section 2301(b) of title 5,
United States Code.
``(2) Uniform implementation.--The head of each
executive agency shall ensure that, to the maximum
extent practicable, acquisition workforce policies and
procedures established are uniform in their
implementation throughout the agency.
``(3) Government-wide policies and evaluation.--The
Administrator shall issue policies to promote uniform
implementation of this section by executive agencies,
with due regard for differences in program requirements
among agencies that may be appropriate and warranted in
view of the agency mission. The Administrator shall
coordinate with the Deputy Director for Management of
the Office of Management and Budget to ensure that such
policies are consistent with the policies and
procedures established and enhanced system of
incentives provided pursuant to section 5051(c) of the
Federal Acquisition Streamlining Act of 1994 (41 U.S.C.
263 note). The Administrator shall evaluate the
implementation of the provisions of this section by
executive agencies.
``(c) Senior Procurement Executive Authorities and
Responsibilities.--Subject to the authority, direction, and
control of the head of an executive agency, the senior
procurement executive of the agency shall carry out all powers,
functions, and duties of the head of the agency with respect to
implementation of this section. The senior procurement
executive shall ensure that the policies of the head of the
executive agency established in accordance with this section
are implemented throughout the agency.
``(d) Management Information Systems.--The Administrator
shall ensure that the heads of executive agencies collect and
maintain standardized information on the acquisition workforce
related to implementation of this section. To the maximum
extent practicable, such data requirements shall conform to
standards established by the Office of Personnel Management for
the Central Personnel Data File.
``(e) Applicability to Acquisition Workforce.--The programs
established by this section shall apply to the acquisition
workforce of each executive agency. For purposes of this
section, the acquisition workforce of an agency consists of all
employees serving in acquisition positions listed in subsection
(g)(1)(A).
``(f) Career Development.--
``(1) Career paths.--The head of each executive
agency shall ensure that appropriate career paths for
personnel who desire to pursue careers in acquisition
are identified in terms of the education, training,
experience, and assignments necessary for career
progression to the most senior acquisition positions.
The head of each executive agency shall make
information available on such career paths.
``(2) Critical duties and tasks.--For each career
path, the head of each executive agency shall identify
the critical acquisition-related duties and tasks in
which, at minimum, employees of the agency in the
career path shall be competent to perform at full
performance grade levels. For this purpose, the head of
the executive agency shall provide appropriate coverage
of the critical duties and tasks identified by the
Director of the Federal Acquisition Institute.
``(3) Mandatory training and education.--For each
career path, the head of each executive agency shall
establish requirements for the completion of course
work and related on-the-job training in the critical
acquisition-related duties and tasks of the career
path. The head of each executive agency shall also
encourage employees to maintain the currency of their
acquisition knowledge and generally enhance their
knowledge of related acquisition management disciplines
through academic programs and other self-developmental
activities.
``(4) Performance incentives.--The head of each
executive agency shall provide for an enhanced system
of incentives for the encouragement of excellence in
the acquisition workforce which rewards performance of
employees that contribute to achieving the agency's
performance goals. The system of incentives shall
include provisions that--
``(A) relate pay to performance (including
the extent to which the performance of
personnel in such workforce contributes to
achieving the cost goals, schedule goals, and
performance goals established for acquisition
programs pursuant to section 313(b) of the
Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 263(b))); and
``(B) provide for consideration, in
personnel evaluations and promotion decisions,
of the extent to which the performance of
personnel in such workforce contributes to
achieving such cost goals, schedule goals, and
performance goals.
``(g) Qualification Requirements.--
``(1) In general.--(A) Subject to paragraph (2),
the Administrator shall establish qualification
requirements, including education requirements, for the
following positions:
``(i) Entry-level positions in the General
Schedule Contracting series (GS-1102).
``(ii) Senior positions in the General
Schedule Contracting series (GS-1102).
``(iii) All positions in the General
Schedule Purchasing series (GS-1105).
``(iv) Positions in other General Schedule
series in which significant acquisition-related
functions are performed.
``(B) Subject to paragraph (2), the Administrator
shall prescribe the manner and extent to which such
qualification requirements shall apply to any person
serving in a position described in subparagraph (A) at
the time such requirements are established.
``(2) Relationship to requirements applicable to
defense acquisition workforce.--The Administrator shall
establish qualification requirements and make
prescriptions under paragraph (1) that are comparable
to those established for the same or equivalent
positions pursuant to chapter 87 of title 10, United
States Code, with appropriate modifications.
``(3) Approval of requirements.--The Administrator
shall submit any requirement established or
prescription made under paragraph (1) to the Director
of the Office of Personnel Management for approval. If
the Director does not disapprove a requirement or
prescription within 30 days after the date on which the
Director receives it, the requirement or prescription
is deemed to be approved by the Director.
``(h) Education and Training.--
``(1) Funding levels.--(A) The head of an executive
agency shall set forth separately the funding levels
requested for education and training of the acquisition
workforce in the budget justification documents
submitted in support of the President's budget
submitted to Congress under section 1105 of title 31,
United States Code.
``(B) Funds appropriated for education and training
under this section may not be obligated for any other
purpose.
``(2) Tuition assistance.--The head of an executive
agency may provide tuition reimbursement in education
(including a full-time course of study leading to a
degree) in accordance with section 4107 of title 5,
United States Code, for personnel serving in
acquisition positions in the agency.''.
(2) The table of contents for such Act, contained in
section 1(b), is amended by adding at the end the following new
item:
``Sec. 37. Acquisition workforce.''.
(b) Additional Amendments.--Section 6(d) of the Office of
Federal Procurement Policy Act (41 U.S.C. 405), is amended--
(1) by redesignating paragraphs (6), (7), (8), (9),
(10), (11), and (12) (as transferred by section
4321(h)(1)) as paragraphs (7), (8), (9), (10), (11),
(12), and (13), respectively;
(2) in paragraph (5)--
(A) in subparagraph (A), by striking out
``Government-wide career management programs
for a professional procurement work force'' and
inserting in lieu thereof ``the development of
a professional acquisition workforce
Government-wide''; and
(B) in subparagraph (B)--
(i) by striking out ``procurement
by the'' and inserting in lieu thereof
``acquisition by the'';
(ii) by striking out ``and'' at the
end of the subparagraph; and
(iii) by striking out subparagraph
(C) and inserting in lieu thereof the
following:
``(C) collect data and analyze acquisition
workforce data from the Office of Personnel
Management, the heads of executive agencies,
and, through periodic surveys, from individual
employees;
``(D) periodically analyze acquisition
career fields to identify critical
competencies, duties, tasks, and related
academic prerequisites, skills, and knowledge;
``(E) coordinate and assist agencies in
identifying and recruiting highly qualified
candidates for acquisition fields;
``(F) develop instructional materials for
acquisition personnel in coordination with
private and public acquisition colleges and
training facilities;
``(G) evaluate the effectiveness of
training and career development programs for
acquisition personnel;
``(H) promote the establishment and
utilization of academic programs by colleges
and universities in acquisition fields;
``(I) facilitate, to the extent requested
by agencies, interagency intern and training
programs; and
``(J) perform other career management or
research functions as directed by the
Administrator.''; and
(3) by inserting before paragraph (7) (as so
redesignated) the following new paragraph (6):
``(6) administering the provisions of
section 37;''.
SEC. 4308. DEMONSTRATION PROJECT RELATING TO CERTAIN PERSONNEL
MANAGEMENT POLICIES AND PROCEDURES.
(a) Commencement.--The Secretary of Defense is encouraged
to take such steps as may be necessary to provide for the
commencement of a demonstration project, the purpose of which
would be to determine the feasibility or desirability of one or
more proposals for improving the personnel management policies
or procedures that apply with respect to the acquisition
workforce of the Department of Defense.
(b) Terms and Conditions.--
(1) In general.--Except as otherwise provided in
this subsection, any demonstration project described in
subsection (a) shall be subject to section 4703 of
title 5, United States Code, and all other provisions
of such title that apply with respect to any
demonstration project under such section.
(2) Exceptions.--Subject to paragraph (3), in
applying section 4703 of title 5, United States Code,
with respect to a demonstration project described in
subsection (a)--
(A) ``180 days'' in subsection (b)(4) of
such section shall be deemed to read ``120
days'';
(B) ``90 days'' in subsection (b)(6) of
such section shall be deemed to read ``30
days''; and
(C) subsection (d)(1)(A) of such section
shall be disregarded.
(3) Condition.--Paragraph (2) shall not apply with
respect to a demonstration project unless it--
(A) involves only the acquisition workforce
of the Department of Defense (or any part
thereof); and
(B) commences during the 3-year period
beginning on the date of the enactment of this
Act.
(c) Definition.--For purposes of this section, the term
``acquisition workforce'' refers to the persons serving in
acquisition positions within the Department of Defense, as
designated pursuant to section 1721(a) of title 10, United
States Code.
SEC. 4309. COOPERATIVE PURCHASING.
(a) Delay in Opening Certain Federal Supply Schedules To
Use by State, Local, and Indian Tribal Governments.--The
Administrator of General Services may not use the authority of
section 201(b)(2) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 481(b)(2)) to provide for the
use of Federal supply schedules of the General Services
Administration until after the later of--
(1) the date on which the 18-month period beginning
on the date of the enactment of this Act expires; or
(2) the date on which all of the following
conditions are met:
(A) The Administrator has considered the
report of the Comptroller General required by
subsection (b).
(B) The Administrator has submitted
comments on such report to Congress as required
by subsection (c).
(C) A period of 30 days after the date of
submission of such comments to Congress has
expired.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Administrator of General Services and to Congress a report
on the implementation of section 201(b) of the Federal Property
and Administrative Services Act of 1949. The report shall
include the following:
(1) An assessment of the effect on industry,
including small businesses and local dealers, of
providing for the use of Federal supply schedules by
the entities described in section 201(b)(2)(A) of the
Federal Property and Administrative Services Act of
1949.
(2) An assessment of the effect on such entities of
providing for the use of Federal supply schedules by
them.
(c) Comments on Report by Administrator.--Not later than 30
days after receiving the report of the Comptroller General
required by subsection (b), the Administrator of General
Services shall submit to Congress comments on the report,
including the Administrator's comments on whether the
Administrator plans to provide any Federal supply schedule for
the use of any entity described in section 201(b)(2)(A) of the
Federal Property and Administrative Services Act of 1949.
(d) Calculation of 30-Day Period.--For purposes of
subsection (a)(2)(C), the calculation of the 30-day period
shall exclude Saturdays, Sundays, and holidays, and any day on
which neither House of Congress is in session because of an
adjournment sine die, a recess of more than 3 days, or an
adjournment of more than 3 days.
SEC. 4310. PROCUREMENT NOTICE TECHNICAL AMENDMENT.
Section 18(c)(1)(E) of the Office of Federal Procurement
Policy Act (41 U.S.C. 416(c)(1)(E)) is amended by inserting
after ``requirements contract'' the following: ``, a task order
contract, or a delivery order contract''.
SEC. 4311. MICRO-PURCHASES WITHOUT COMPETITIVE QUOTATIONS.
Section 32(c) of the Office of Federal Procurement Policy
Act (41 U.S.C. 428), as redesignated by section 4304(c)(3), is
amended by striking out ``the contracting officer'' and
inserting in lieu thereof ``an employee of an executive agency
or a member of the Armed Forces of the United States authorized
to do so''.
Subtitle B--Technical Amendments
SEC. 4321. AMENDMENTS RELATED TO FEDERAL ACQUISITION STREAMLINING ACT
OF 1994.
(a) Public Law 103-355.--Effective as of October 13, 1994,
and as if included therein as enacted, the Federal Acquisition
Streamlining Act of 1994 (Public Law 103-355; 108 Stat. 3243 et
seq.) is amended as follows:
(1) Section 1073 (108 Stat. 3271) is amended by
striking out ``section 303I'' and inserting in lieu
thereof ``section 303K''.
(2) Section 1202(a) (108 Stat. 3274) is amended by
striking out the closing quotation marks and second
period at the end of paragraph (2)(B) of the subsection
inserted by the amendment made by that section.
(3) Section 1251(b) (108 Stat. 3284) is amended by
striking out ``Office of Federal Procurement Policy
Act'' and inserting in lieu thereof ``Federal Property
and Administrative Services Act of 1949''.
(4) Section 2051(e) (108 Stat. 3304) is amended by
striking out the closing quotation marks and second
period at the end of subsection (f)(3) in the matter
inserted by the amendment made by that section.
(5) Section 2101(a)(6)(B)(ii) (108 Stat. 3308) is
amended by replacing ``regulation'' with
``regulations'' in the first quoted matter.
(6) Section 2351(a) (108 Stat. 3322) is amended by
inserting ``(1)'' before ``Section 6''.
(7) The heading of section 2352(b) (108 Stat. 3322)
is amended by striking out ``Procedures to Small
Business Government Contractors.--'' and inserting in
lieu thereof ``Procedures.--''.
(8) Section 3022 (108 Stat. 3333) is amended by
striking out ``each place'' and all that follows
through the end of the section and inserting in lieu
thereof ``in paragraph (1) and `, rent,' after `sell'
in paragraph (2).''.
(9) Section 5092(b) (108 Stat. 3362) is amended by
inserting ``of paragraph (2)'' after ``second
sentence''.
(10) Section 6005(a) (108 Stat. 3364) is amended by
striking out the closing quotation marks and second
period at the end of subsection (e)(2) of the matter
inserted by the amendment made by that section.
(11) Section 10005(f)(4) (108 Stat. 3409) is
amended in the second matter in quotation marks by
striking out `` `Sec. 5. This Act'' and inserting in
lieu thereof `` `Sec. 7. This title''.
(b) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) Section 2220(b) is amended by striking out
``the date of the enactment of the Federal Acquisition
Streamlining Act of 1994'' and inserting in lieu
thereof ``October 13, 1994''.
(2)(A) The section 2247 added by section 7202(a)(1)
of Public Law 103-355 (108 Stat. 3379) is redesignated
as section 2249.
(B) The item relating to that section in the table
of sections at the beginning of subchapter I of chapter
134 is revised to conform to the redesignation made by
subparagraph (A).
(3) Section 2302(3)(K) is amended by adding a
period at the end.
(4) Section 2304(f)(2)(D) is amended by striking
out ``the Act of June 25, 1938 (41 U.S.C. 46 et seq.),
popularly referred to as the Wagner-O'Day Act,'' and
inserting in lieu thereof ``the Javits-Wagner-O'Day Act
(41 U.S.C. 46 et seq.),''.
(5) Section 2304(h) is amended by striking out
paragraph (1) and inserting in lieu thereof the
following:
``(1) The Walsh-Healey Act (41 U.S.C. 35 et
seq.).''.
(6)(A) The section 2304a added by section 848(a)(1)
of Public Law 103-160 (107 Stat. 1724) is redesignated
as section 2304e.
(B) The item relating to that section in the table
of sections at the beginning of chapter 137 is revised
to conform to the redesignation made by subparagraph
(A).
(7) Section 2306a is amended--
(A) in subsection (d)(2)(A)(ii), by
inserting ``to'' after ``The information
referred'';
(B) in subsection (e)(4)(B)(ii), by
striking out the second comma after
``parties''; and
(C) in subsection (i)(3), by inserting
``(41 U.S.C. 403(12))'' before the period at
the end.
(8) Section 2323 is amended--
(A) in subsection (a)(1)(C), by inserting a
closing parenthesis after ``1135d-5(3))'' and
after ``1059c(b)(1))'';
(B) in subsection (a)(3), by striking out
``(issued under'' and all that follows through
``421(c))'';
(C) in subsection (b), by inserting ``(1)''
after ``Amount.--''; and
(D) in subsection (i)(3), by adding at the
end a subparagraph (D) identical to the
subparagraph (D) set forth in the amendment
made by section 811(e) of Public Law 103-160
(107 Stat. 1702).
(9) Section 2324 is amended--
(A) in subsection (e)(2)(C)--
(i) by striking out ``awarding the
contract'' at the end of the first
sentence; and
(ii) by striking out ``title III''
and all that follows through ``Act)''
and inserting in lieu thereof ``the Buy
American Act (41 U.S.C. 10b-1)''; and
(B) in subsection (h)(2), by inserting
``the head of the agency or'' after ``in the
case of any contract if''.
(10) Section 2350b is amended--
(A) in subsection (c)(1)--
(i) by striking out
``specifically--'' and inserting in
lieu thereof ``specifically
prescribes--''; and
(ii) by striking out ``prescribe''
in each of subparagraphs (A), (B), (C),
and (D); and
(B) in subsection (d)(1), by striking out
``subcontract to be'' and inserting in lieu
thereof ``subcontract be''.
(11) Section 2372(i)(1) is amended by striking out
``section 2324(m)'' and inserting in lieu thereof
``section 2324(l)''.
(12) Section 2384(b) is amended--
(A) in paragraph (2)--
(i) by striking ``items, as'' and
inserting in lieu thereof ``items
(as''; and
(ii) by inserting a closing
parenthesis after ``403(12))''; and
(B) in paragraph (3), by inserting a
closing parenthesis after ``403(11))''.
(13) Section 2400(a)(5) is amended by striking out
``the preceding sentence'' and inserting in lieu
thereof ``this paragraph''.
(14) Section 2405 is amended--
(A) in paragraphs (1) and (2) of subsection
(a), by striking out ``the date of the
enactment of the Federal Acquisition
Streamlining Act of 1994'' and inserting in
lieu thereof ``October 13, 1994''; and
(B) in subsection (c)(3)--
(i) by striking out ``the later
of--'' and all that follows through
``(B)''; and
(ii) by redesignating clauses (i),
(ii), and (iii) as subparagraphs (A),
(B), and (C), respectively, and
realigning those subparagraphs
accordingly.
(15) Section 2410d(b) is amended by striking out
paragraph (3).
(16) Section 2410g(d)(1) is amended by inserting
before the period at the end the following: ``(as
defined in section 4(12) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(12)))''.
(17) Section 2424(c) is amended--
(A) by inserting ``Exception.--'' after
``(c)''; and
(B) by striking out ``drink'' the first and
third places it appears in the second sentence
and inserting in lieu thereof ``beverage''.
(18) Section 2431 is amended--
(A) in subsection (b)--
(i) by striking out ``Any report''
in the first sentence and inserting in
lieu thereof ``Any documents''; and
(ii) by striking out ``the report''
in paragraph (3) and inserting in lieu
thereof ``the documents''; and
(B) in subsection (c), by striking
``reporting'' and inserting in lieu thereof
``documentation''.
(19) Section 2461(e)(1) is amended by striking out
``the Act of June 25, 1938 (41 U.S.C. 47), popularly
referred to as the Wagner-O'Day Act'' and inserting in
lieu thereof ``the Javits-Wagner-O'Day Act (41 U.S.C.
47)''.
(20) Section 2533(a) is amended by striking out
``title III of the Act'' and all that follows through
``such Act'' and inserting in lieu thereof ``the Buy
American Act (41 U.S.C. 10a)) whether application of
such Act''.
(21) Section 2662(b) is amended by striking out
``small purchase threshold'' and inserting in lieu
thereof ``simplified acquisition threshold''.
(22) Section 2701(i)(1) is amended--
(A) by striking out ``Act of August 24,
1935 (40 U.S.C. 270a-270d), commonly referred
to as the `Miller Act','' and inserting in lieu
thereof ``Miller Act (40 U.S.C. 270a et
seq.)''; and
(B) by striking out ``such Act of August
24, 1935'' and inserting in lieu thereof ``the
Miller Act''.
(c) Small Business Act.--The Small Business Act (15 U.S.C.
632 et seq.) is amended as follows:
(1) Section 8(d) (15 U.S.C. 637(d)) is amended--
(A) in paragraph (1), by striking out the
second comma after ``small business concerns''
the first place it appears; and
(B) in paragraph (6)(C), by striking out
``and small business concerns owned and
controlled by the socially and economically
disadvantaged individuals'' and inserting in
lieu thereof ``, small business concerns owned
and controlled by socially and economically
disadvantaged individuals, and small business
concerns owned and controlled by women''.
(2) Section 8(f) (15 U.S.C. 637(f)) is amended by
inserting ``and'' after the semicolon at the end of
paragraph (5).
(3) Section 15(g)(2) (15 U.S.C. 644(g)(2)) is
amended by striking out the second comma after the
first appearance of ``small business concerns''.
(d) Title 31, United States Code.--Title 31, United States
Code, is amended as follows:
(1) Section 3551 is amended--
(A) by striking out ``subchapter--'' and
inserting in lieu thereof ``subchapter:''; and
(B) in paragraph (2), by striking out ``or
proposed contract'' and inserting in lieu
thereof ``or a solicitation or other request
for offers''.
(2) Section 3553(b)(3) is amended by striking out
``3554(a)(3)'' and inserting in lieu thereof
``3554(a)(4)''.
(3) Section 3554(b)(2) is amended by striking out
``section 3553(d)(2)(A)(i)'' and inserting in lieu
thereof ``section 3553(d)(3)(C)(i)(I)''.
(e) Federal Property and Administrative Services Act of
1949.--The Federal Property and Administrative Services Act of
1949 is amended as follows:
(1) The table of contents in section 1 (40 U.S.C.
471 prec.) is amended--
(A) by striking out the item relating to
section 104;
(B) by striking out the item relating to
section 201 and inserting in lieu thereof the
following:
``Sec. 201. Procurements, warehousing, and related activities.'';
(C) by inserting after the item relating to
section 315 the following new item:
``Sec. 316. Merit-based award of grants for research and development.'';
(D) by striking out the item relating to
section 603 and inserting in lieu thereof the
following:
``Sec. 603. Authorizations for appropriations and transfer authority.'';
and
(E) by inserting after the item relating to
section 605 the following new item:
``Sec. 606. Sex discrimination.''.
(2) Section 303(f)(2)(D) (41 U.S.C. 253(f)(2)(D))
is amended by striking out ``the Act of June 25, 1938
(41 U.S.C. 46 et seq.), popularly referred to as the
Wagner-O'Day Act,'' and inserting in lieu thereof ``the
Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.),''.
(3) The heading for paragraph (1) of section
304A(c) (41 U.S.C. 254b(c)) is amended by changing each
letter that is capitalized (other than the first letter
of the first word) to lower case.
(4) Subsection (d)(2)(A)(ii) of section 304A (41
U.S.C. 254b) is amended by inserting ``to'' after ``The
information referred''.
(5) Section 304C(a)(2) is amended by striking out
``section 304B'' and inserting in lieu thereof
``section 304A''.
(6) Section 307(b) is amended by striking out
``section 305(c)'' and inserting in lieu thereof
``section 305(d)''.
(7) The heading for section 314A (41 U.S.C. 264a)
is amended to read as follows:
``SEC. 314A. DEFINITIONS RELATING TO PROCUREMENT OF COMMERCIAL
ITEMS.''.
(8) Section 315(b) (41 U.S.C. 265(b)) is amended by
striking out ``inspector general'' both places it
appears and inserting in lieu thereof ``Inspector
General''.
(9) The heading for section 316 (41 U.S.C. 266) is
amended by inserting at the end a period.
(f) Walsh-Healey Act.--
(1) The Walsh-Healey Act (41 U.S.C. 35 et seq.) is
amended--
(A) by transferring the second section 11
(as added by section 7201(4) of Public Law 103-
355) so as to appear after section 10; and
(B) by redesignating the three sections
following such section 11 (as so transferred)
as sections 12, 13, and 14.
(2) Such Act is further amended in section 10--
(A) in subsection (b), by striking out
``section 1(b)'' and inserting in lieu thereof
``section 1(a)''; and
(B) in subsection (c), by striking out the
comma after `` `locality' ''.
(g) Anti-Kickback Act of 1986.--Section 7(d) of the Anti-
Kickback Act of 1986 (41 U.S.C. 57(d)) is amended--
(1) by striking out ``such Act'' and inserting in
lieu thereof ``the Office of Federal Procurement Policy
Act''; and
(2) by striking out the second period at the end.
(h) Office of Federal Procurement Policy Act.--The Office
of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is
amended as follows:
(1) Section 6 (41 U.S.C. 405) is amended by
transferring paragraph (12) of subsection (d) (as such
paragraph was redesignated by section 5091(2) of the
Federal Acquisition Streamlining Act of 1994 (P.L. 103-
355; 108 Stat. 3361)) to the end of that subsection.
(2) Section 6(11) (41 U.S.C. 405(11)) is amended by
striking out ``small business'' and inserting in lieu
thereof ``small businesses''.
(3) Section 18(b) (41 U.S.C. 416(b)) is amended by
inserting ``and'' after the semicolon at the end of
paragraph (5).
(4) Section 26(f)(3) (41 U.S.C. 422(f)(3)) is
amended in the first sentence by striking out ``Not
later than 180 days after the date of enactment of this
section, the Administrator'' and inserting in lieu
thereof ``The Administrator''.
(i) Other Laws.--
(1) The National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160) is amended as
follows:
(A) Section 126(c) (107 Stat. 1567) is
amended by striking out ``section 2401 of title
10, United States Code, or section 9081 of the
Department of Defense Appropriations Act, 1990
(10 U.S.C. 2401 note).'' and inserting in lieu
thereof ``section 2401 or 2401a of title 10,
United States Code.''.
(B) Section 127 (107 Stat. 1568) is
amended--
(i) in subsection (a), by striking
out ``section 2401 of title 10, United
States Code, or section 9081 of the
Department of Defense Appropriations
Act, 1990 (10 U.S.C. 2401 note).'' and
inserting in lieu thereof ``section
2401 or 2401a of title 10, United
States Code.''; and
(ii) in subsection (e), by striking
out ``section 9081 of the Department of
Defense Appropriations Act, 1990 (10
U.S.C. 2401 note).'' and inserting in
lieu thereof ``section 2401a of title
10, United States Code.''.
(2) The National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189) is
amended by striking out section 824.
(3) Section 117 of the National Defense
Authorization Act, Fiscal Year 1989 (Public Law 100-
456; 10 U.S.C. 2431 note) is amended by striking out
subsection (c).
(4) The National Defense Authorization Act for
Fiscal Years 1988 and 1989 (Public Law 100-180) is
amended by striking out section 825 (10 U.S.C. 2432
note).
(5) Section 11 of Public Law 101-552 (5 U.S.C. 581
note) is amended by inserting ``under'' before ``the
amendments made by this Act''.
(6) The last sentence of section 6 of the Federal
Power Act (16 U.S.C. 799) is repealed.
(7) Section 101(a)(11)(A) of the Rehabilitation Act
of 1973 (29 U.S.C. 721(a)(11)(A)) is amended by
striking out ``the Act entitled `An Act to create a
Committee on Purchases of Blind-made Products, and for
other purposes', approved June 25, 1938 (commonly known
as the Wagner-O'Day Act; 41 U.S.C. 46 et seq.)'' and
inserting in lieu thereof ``the Javits-Wagner-O'Day Act
(41 U.S.C. 46 et seq.)''.
(8) The first section 5 of the Miller Act (40
U.S.C. 270a note) is redesignated as section 7 and, as
so redesignated, is transferred to the end of that Act.
(9) Section 3737(g) of the Revised Statutes of the
United States (41 U.S.C. 15(g)) is amended by striking
out ``rights of obligations'' and inserting in lieu
thereof ``rights or obligations''.
(10) The Act of June 15, 1940 (41 U.S.C. 20a;
Chapter 367; 54 Stat. 398), is repealed.
(11) The Act of November 28, 1943 (41 U.S.C. 20b;
Chapter 328; 57 Stat. 592), is repealed.
(12) Section 3741 of the Revised Statutes of the
United States (41 U.S.C. 22), as amended by section
6004 of Public Law 103-355 (108 Stat. 3364), is amended
by striking out ``No member'' and inserting in lieu
thereof ``Sec. 3741. No Member''.
(13) Section 5152(a)(1) of the Drug-Free Workplace
Act of 1988 (41 U.S.C. 701(a)(1)) is amended by
striking out ``as defined in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403)'' and
inserting in lieu thereof ``(as defined in section
4(12) of such Act (41 U.S.C. 403(12)))''.
SEC. 4322. MISCELLANEOUS AMENDMENTS TO FEDERAL ACQUISITION LAWS.
(a) Office of Federal Procurement Policy Act.--The Office
of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is
amended as follows:
(1) Section 6(b) (41 U.S.C. 405(b)) is amended by
striking out the second comma after ``under subsection
(a)'' in the first sentence.
(2) Section 25(b)(2) (41 U.S.C. 421(b)(2)) is
amended by striking out ``Under Secretary of Defense
for Acquisition'' and inserting in lieu thereof ``Under
Secretary of Defense for Acquisition and Technology''.
(b) Other Laws.--
(1) Section 11(2) of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by striking out the
second comma after ``Community Service''.
(2) Section 908(e) of the Defense Acquisition
Improvement Act of 1986 (10 U.S.C. 2326 note) is
amended by striking out ``section 2325(g)'' and
inserting in lieu thereof ``section 2326(g)''.
(3) Effective as of August 9, 1989, and as if
included therein as enacted, Public Law 101-73 is
amended in section 501(b)(1)(A) (103 Stat. 393) by
striking out ``be,'' and inserting in lieu thereof
``be;'' in the second quoted matter therein.
(4) Section 3732(a) of the Revised Statutes of the
United States (41 U.S.C. 11(a)) is amended by striking
out the second comma after ``quarters''.
(5) Section 2 of the Contract Disputes Act of 1978
(41 U.S.C. 601) is amended in paragraphs (3), (5), (6),
and (7), by striking out ``The'' and inserting in lieu
thereof ``the''.
(6) Section 6 of the Contract Disputes Act of 1978
(41 U.S.C. 605) is amended in subsections (d) and (e)
by inserting after ``United States Code'' each place it
appears the following: ``(as in effect on September 30,
1995)''.
(7) Section 13 of the Contract Disputes Act of 1978
(41 U.S.C. 612) is amended--
(A) in subsection (a), by striking out
``section 1302 of the Act of July 27, 1956, (70
Stat. 694, as amended; 31 U.S.C. 724a)'' and
inserting in lieu thereof ``section 1304 of
title 31, United States Code''; and
(B) in subsection (c), by striking out
``section 1302 of the Act of July 27, 1956, (70
Stat. 694, as amended; 31 U.S.C. 724a)'' and
inserting in lieu thereof ``section 1304 of
title 31, United States Code,''.
TITLE XLIV--EFFECTIVE DATES AND IMPLEMENTATION
SEC. 4401. EFFECTIVE DATE AND APPLICABILITY.
(a) Effective Date.--Except as otherwise provided in this
division, this division and the amendments made by this
division shall take effect on the date of the enactment of this
Act.
(b) Applicability of Amendments.--
(1) Solicitations, unsolicited proposals, and
related contracts.--An amendment made by this division
shall apply, in the manner prescribed in the final
regulations promulgated pursuant to section 4402 to
implement such amendment, with respect to any
solicitation that is issued, any unsolicited proposal
that is received, and any contract entered into
pursuant to such a solicitation or proposal, on or
after the date described in paragraph (3).
(2) Other matters.--An amendment made by this
division shall also apply, to the extent and in the
manner prescribed in the final regulations promulgated
pursuant to section 4402 to implement such amendment,
with respect to any matter related to--
(A) a contract that is in effect on the
date described in paragraph (3);
(B) an offer under consideration on the
date described in paragraph (3); or
(C) any other proceeding or action that is
ongoing on the date described in paragraph (3).
(3) Demarcation date.--The date referred to in
paragraphs (1) and (2) is the date specified in such
final regulations. The date so specified shall be
January 1, 1997, or any earlier date that is not within
30 days after the date on which such final regulations
are published.
SEC. 4402. IMPLEMENTING REGULATIONS.
(a) Proposed Revisions.--Proposed revisions to the Federal
Acquisition Regulation and such other proposed regulations (or
revisions to existing regulations) as may be necessary to
implement this Act shall be published in the Federal Register
not later than 210 days after the date of the enactment of this
Act.
(b) Public Comment.--The proposed regulations described in
subsection (a) shall be made available for public comment for a
period of not less than 60 days.
(c) Final Regulations.--Final regulations shall be
published in the Federal Register not later than 330 days after
the date of enactment of this Act.
(d) Modifications.--Final regulations promulgated pursuant
to this section to implement an amendment made by this Act may
provide for modification of an existing contract without
consideration upon the request of the contractor.
(e) Savings Provisions.--
(1) Validity of prior actions.--Nothing in this
division shall be construed to affect the validity of
any action taken or any contract entered into before
the date specified in the regulations pursuant to
section 4401(b)(3) except to the extent and in the
manner prescribed in such regulations.
(2) Renegotiation and modification of preexisting
contracts.--Except as specifically provided in this
division, nothing in this division shall be construed
to require the renegotiation or modification of
contracts in existence on the date of the enactment of
this Act.
(3) Continued applicability of preexisting law.--
Except as otherwise provided in this division, a law
amended by this division shall continue to be applied
according to the provisions thereof as such law was in
effect on the day before the date of the enactment of
this Act until--
(A) the date specified in final regulations
implementing the amendment of that law (as
promulgated pursuant to this section); or
(B) if no such date is specified in
regulations, January 1, 1997.
DIVISION E--INFORMATION TECHNOLOGY MANAGEMENT REFORM
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Information Technology
Management Reform Act of 1995''.
SEC. 5002. DEFINITIONS.
In this division:
(1) Director.--The term ``Director'' means the
Director of the Office of Management and Budget.
(2) Executive agency.--The term ``executive
agency'' has the meaning given that term in section
4(1) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(1)).
(3) Information technology.--(A) The term
``information technology'', with respect to an
executive agency means any equipment or interconnected
system or subsystem of equipment, that is used in the
automatic acquisition, storage, manipulation,
management, movement, control, display, switching,
interchange, transmission, or reception of data or
information by the executive agency. For purposes of
the preceding sentence, equipment is used by an
executive agency if the equipment is used by the
executive agency directly or is used by a contractor
under a contract with the executive agency which (i)
requires the use of such equipment, or (ii) requires
the use, to a significant extent, of such equipment in
the performance of a service or the furnishing of a
product.
(B) The term ``information technology'' includes
computers, ancillary equipment, software, firmware and
similar procedures, services (including support
services), and related resources.
(C) Notwithstanding subparagraphs (A) and (B), the
term ``information technology'' does not include any
equipment that is acquired by a Federal contractor
incidental to a Federal contract.
(4) Information resources.--The term ``information
resources'' has the meaning given such term in section
3502(6) of title 44, United States Code.
(5) Information resources management.--The term
``information resources management'' has the meaning
given such term in section 3502(7) of title 44, United
States Code.
(6) Information system.--The term ``information
system'' has the meaning given such term in section
3502(8) of title 44, United States Code.
(7) Commercial item.--The term ``commercial item''
has the meaning given that term in section 4(12) of the
Office of Federal Procurement Policy Act (41 U.S.C.
403(12)).
TITLE LI--RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY
Subtitle A--General Authority
SEC. 5101. REPEAL OF CENTRAL AUTHORITY OF THE ADMINISTRATOR OF GENERAL
SERVICES.
Section 111 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 759) is repealed.
Subtitle B--Director of the Office of Management and Budget
SEC. 5111. RESPONSIBILITY OF DIRECTOR.
In fulfilling the responsibility to administer the
functions assigned under chapter 35 of title 44, United States
Code, the Director shall comply with this title with respect to
the specific matters covered by this title.
SEC. 5112. CAPITAL PLANNING AND INVESTMENT CONTROL.
(a) Federal Information Technology.--The Director shall
perform the responsibilities set forth in this section in
fulfilling the responsibilities under section 3504(h) of title
44, United States Code.
(b) Use of Information Technology in Federal Programs.--The
Director shall promote and be responsible for improving the
acquisition, use, and disposal of information technology by the
Federal Government to improve the productivity, efficiency, and
effectiveness of Federal programs, including through
dissemination of public information and the reduction of
information collection burdens on the public.
(c) Use of Budget Process.--The Director shall develop, as
part of the budget process, a process for analyzing, tracking,
and evaluating the risks and results of all major capital
investments made by an executive agency for information
systems. The process shall cover the life of each system and
shall include explicit criteria for analyzing the projected and
actual costs, benefits, and risks associated with the
investments. At the same time that the President submits the
budget for a fiscal year to Congress under section 1105(a) of
title 31, United States Code, the Director shall submit to
Congress a report on the net program performance benefits
achieved as a result of major capital investments made by
executive agencies in information systems and how the benefits
relate to the accomplishment of the goals of the executive
agencies.
(d) Information Technology Standards.--The Director shall
oversee the development and implementation of standards and
guidelines pertaining to Federal computer systems by the
Secretary of Commerce through the National Institute of
Standards and Technology under section 5131 and section 20 of
the National Institute of Standards and Technology Act (15
U.S.C. 278g-3).
(e) Designation of Executive Agents for Acquisitions.--The
Director shall designate (as the Director considers
appropriate) one or more heads of executive agencies as
executive agent for Government-wide acquisitions of information
technology.
(f) Use of Best Practices in Acquisitions.--The Director
shall encourage the heads of the executive agencies to develop
and use the best practices in the acquisition of information
technology.
(g) Assessment of Other Models for Managing Information
Technology.--The Director shall assess, on a continuing basis,
the experiences of executive agencies, State and local
governments, international organizations, and the private
sector in managing information technology.
(h) Comparison of Agency Uses of Information Technology.--
The Director shall compare the performances of the executive
agencies in using information technology and shall disseminate
the comparisons to the heads of the executive agencies.
(i) Training.--The Director shall monitor the development
and implementation of training in information resources
management for executive agency personnel.
(j) Informing Congress.--The Director shall keep Congress
fully informed on the extent to which the executive agencies
are improving the performance of agency programs and the
accomplishment of agency missions through the use of the best
practices in information resources management.
(k) Procurement Policy and Acquisitions of Information
Technology.--The Director shall coordinate the development and
review by the Administrator of the Office of Information and
Regulatory Affairs of policy associated with Federal
acquisition of information technology with the Office of
Federal Procurement Policy.
SEC. 5113. PERFORMANCE-BASED AND RESULTS-BASED MANAGEMENT.
(a) In General.--The Director shall encourage the use of
performance-based and results-based management in fulfilling
the responsibilities assigned under section 3504(h), of title
44, United States Code.
(b) Evaluation of Agency Programs and Investments.--
(1) Requirement.--The Director shall evaluate the
information resources management practices of the
executive agencies with respect to the performance and
results of the investments made by the executive
agencies in information technology.
(2) Direction for executive agency action.--The
Director shall issue clear and concise direction to the
head of each executive agency--
(A) to establish for the executive agency
and each of its major components effective and
efficient capital planning processes for
selecting, managing, and evaluating the results
of all of its major investments in information
systems;
(B) to determine, before making an
investment in a new information system--
(i) whether the function to be
supported by the system should be
performed by the private sector and, if
so, whether any component of the
executive agency performing that
function should be converted from a
governmental organization to a private
sector organization; or
(ii) whether the function should be
performed by the executive agency and,
if so, whether the function should be
performed by a private sector source
under contract or by executive agency
personnel;
(C) to analyze the missions of the
executive agency and, based on the analysis,
revise the executive agency's mission-related
processes and administrative processes, as
appropriate, before making significant
investments in information technology to be
used in support of those missions; and
(D) to ensure that the information security
policies, procedures, and practices are
adequate.
(3) Guidance for multiagency investments.--The
direction issued under paragraph (2) shall include
guidance for undertaking efficiently and effectively
interagency and Government-wide investments in
information technology to improve the accomplishment of
missions that are common to the executive agencies.
(4) Periodic reviews.--The Director shall implement
through the budget process periodic reviews of selected
information resources management activities of the
executive agencies in order to ascertain the efficiency
and effectiveness of information technology in
improving the performance of the executive agency and
the accomplishment of the missions of the executive
agency.
(5) Enforcement of accountability.--
(A) In general.--The Director may take any
authorized action that the Director considers
appropriate, including an action involving the
budgetary process or appropriations management
process, to enforce accountability of the head
of an executive agency for information
resources management and for the investments
made by the executive agency in information
technology.
(B) Specific actions.--Actions taken by the
Director in the case of an executive agency may
include--
(i) recommending a reduction or an
increase in any amount for information
resources that the head of the
executive agency proposes for the
budget submitted to Congress under
section 1105(a) of title 31, United
States Code;
(ii) reducing or otherwise
adjusting apportionments and
reapportionments of appropriations for
information resources;
(iii) using other authorized
administrative controls over
appropriations to restrict the
availability of funds for information
resources; and
(iv) designating for the executive
agency an executive agent to contract
with private sector sources for the
performance of information resources
management or the acquisition of
information technology.
Subtitle C--Executive Agencies
SEC. 5121. RESPONSIBILITIES.
In fulfilling the responsibilities assigned under chapter
35 of title 44, United States Code, the head of each executive
agency shall comply with this subtitle with respect to the
specific matters covered by this subtitle.
SEC. 5122. CAPITAL PLANNING AND INVESTMENT CONTROL.
(a) Design of Process.--In fulfilling the responsibilities
assigned under section 3506(h) of title 44, United States Code,
the head of each executive agency shall design and implement in
the executive agency a process for maximizing the value and
assessing and managing the risks of the information technology
acquisitions of the executive agency.
(b) Content of Process.--The process of an executive agency
shall--
(1) provide for the selection of information
technology investments to be made by the executive
agency, the management of such investments, and the
evaluation of the results of such investments;
(2) be integrated with the processes for making
budget, financial, and program management decisions
within the executive agency;
(3) include minimum criteria to be applied in
considering whether to undertake a particular
investment in information systems, including criteria
related to the quantitatively expressed projected net,
risk-adjusted return on investment and specific
quantitative and qualitative criteria for comparing and
prioritizing alternative information systems investment
projects;
(4) provide for identifying information systems
investments that would result in shared benefits or
costs for other Federal agencies or State or local
governments;
(5) provide for identifying for a proposed
investment quantifiable measurements for determining
the net benefits and risks of the investment; and
(6) provide the means for senior management
personnel of the executive agency to obtain timely
information regarding the progress of an investment in
an information system, including a system of milestones
for measuring progress, on an independently verifiable
basis, in terms of cost, capability of the system to
meet specified requirements, timeliness, and quality.
SEC. 5123. PERFORMANCE AND RESULTS-BASED MANAGEMENT.
In fulfilling the responsibilities under section 3506(h) of
title 44, United States Code, the head of an executive agency
shall--
(1) establish goals for improving the efficiency
and effectiveness of agency operations and, as
appropriate, the delivery of services to the public
through the effective use of information technology;
(2) prepare an annual report, to be included in the
executive agency's budget submission to Congress, on
the progress in achieving the goals;
(3) ensure that performance measurements are
prescribed for information technology used by or to be
acquired for, the executive agency and that the
performance measurements measure how well the
information technology supports programs of the
executive agency;
(4) where comparable processes and organizations in
the public or private sectors exist, quantitatively
benchmark agency process performance against such
processes in terms of cost, speed, productivity, and
quality of outputs and outcomes;
(5) analyze the missions of the executive agency
and, based on the analysis, revise the executive
agency's mission-related processes and administrative
processes as appropriate before making significant
investments in information technology that is to be
used in support of the performance of those missions;
and
(6) ensure that the information security policies,
procedures, and practices of the executive agency are
adequate.
SEC. 5124. ACQUISITIONS OF INFORMATION TECHNOLOGY.
(a) In General.--The authority of the head of an executive
agency to conduct an acquisition of information technology
includes the following authorities:
(1) To acquire information technology as authorized
by law.
(2) To enter into a contract that provides for
multiagency acquisitions of information technology in
accordance with guidance issued by the Director.
(3) If the Director finds that it would be
advantageous for the Federal Government to do so, to
enter into a multiagency contract for procurement of
commercial items of information technology that
requires each executive agency covered by the contract,
when procuring such items, either to procure the items
under that contract or to justify an alternative
procurement of the items.
(b) FTS 2000 Program.--Notwithstanding any other provision
of this or any other law, the Administrator of General Services
shall continue to manage the FTS 2000 program, and to
coordinate the follow-on to that program, on behalf of and with
the advice of the heads of executive agencies.
SEC. 5125. AGENCY CHIEF INFORMATION OFFICER.
(a) Designation of Chief Information Officers.--Section
3506 of title 44, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A), by striking out
``senior official'' and inserting in lieu
thereof ``Chief Information Officer'';
(B) in paragraph (2)(B)--
(i) by striking out ``senior
officials'' in the first sentence and
inserting in lieu thereof ``Chief
Information Officers'';
(ii) by striking out ``official''
in the second sentence and inserting in
lieu thereof ``Chief Information
Officer''; and
(iii) by striking out ``officials''
in the second sentence and inserting in
lieu thereof ``Chief Information
Officers''; and
(C) in paragraphs (3) and (4), by striking
out ``senior official'' each place it appears
and inserting in lieu thereof ``Chief
Information Officer''; and
(2) in subsection (c)(1), by striking out
``official'' in the matter preceding subparagraph (A)
and inserting in lieu thereof ``Chief Information
Officer''.
(b) General Responsibilities.--The Chief Information
Officer of an executive agency shall be responsible for--
(1) providing advice and other assistance to the
head of the executive agency and other senior
management personnel of the executive agency to ensure
that information technology is acquired and information
resources are managed for the executive agency in a
manner that implements the policies and procedures of
this division, consistent with chapter 35 of title 44,
United States Code, and the priorities established by
the head of the executive agency;
(2) developing, maintaining, and facilitating the
implementation of a sound and integrated information
technology architecture for the executive agency; and
(3) promoting the effective and efficient design
and operation of all major information resources
management processes for the executive agency,
including improvements to work processes of the
executive agency.
(c) Duties and Qualifications.--The Chief Information
Officer of an agency that is listed in section 901(b) of title
31, United States Code, shall--
(1) have information resources management duties as
that official's primary duty;
(2) monitor the performance of information
technology programs of the agency, evaluate the
performance of those programs on the basis of the
applicable performance measurements, and advise the
head of the agency regarding whether to continue,
modify, or terminate a program or project; and
(3) annually, as part of the strategic planning and
performance evaluation process required (subject to
section 1117 of title 31, United States Code) under
section 306 of title 5, United States Code, and
sections 1105(a)(29), 1115, 1116, 1117, and 9703 of
title 31, United States Code--
(A) assess the requirements established for
agency personnel regarding knowledge and skill
in information resources management and the
adequacy of such requirements for facilitating
the achievement of the performance goals
established for information resources
management;
(B) assess the extent to which the
positions and personnel at the executive level
of the agency and the positions and personnel
at management level of the agency below the
executive level meet those requirements;
(C) in order to rectify any deficiency in
meeting those requirements, develop strategies
and specific plans for hiring, training, and
professional development; and
(D) report to the head of the agency on the
progress made in improving information
resources management capability.
(d) Information Technology Architecture Defined.--In this
section, the term ``information technology architecture'', with
respect to an executive agency, means an integrated framework
for evolving or maintaining existing information technology and
acquiring new information technology to achieve the agency's
strategic goals and information resources management goals.
(e) Executive Level IV.--Section 5315 of title 5, United
States Code, is amended by adding at the end the following:
``Chief Information Officer, Department of
Agriculture.
``Chief Information Officer, Department of
Commerce.
``Chief Information Officer, Department of Defense
(unless the official designated as the Chief
Information Officer of the Department of Defense is an
official listed under section 5312, 5313, or 5314 of
this title).
``Chief Information Officer, Department of
Education.
``Chief Information Officer, Department of Energy.
``Chief Information Officer, Department of Health
and Human Services.
``Chief Information Officer, Department of Housing
and Urban Development.
``Chief Information Officer, Department of
Interior.
``Chief Information Officer, Department of Justice.
``Chief Information Officer, Department of Labor.
``Chief Information Officer, Department of State.
``Chief Information Officer, Department of
Transportation.
``Chief Information Officer, Department of
Treasury.
``Chief Information Officer, Department of Veterans
Affairs.
``Chief Information Officer, Environmental
Protection Agency.
``Chief Information Officer, National Aeronautics
and Space Administration.
``Chief Information Officer, Agency for
International Development.
``Chief Information Officer, Federal Emergency
Management Agency.
``Chief Information Officer, General Services
Administration.
``Chief Information Officer, National Science
Foundation.
``Chief Information Officer, Nuclear Regulatory
Agency.
``Chief Information Officer, Office of Personnel
Management.
``Chief Information Officer, Small Business
Administration.''.
SEC. 5126. ACCOUNTABILITY.
The head of each executive agency, in consultation with the
Chief Information Officer and the Chief Financial Officer of
that executive agency (or, in the case of an executive agency
without a Chief Financial Officer, any comparable official),
shall establish policies and procedures that--
(1) ensure that the accounting, financial, and
asset management systems and other information systems
of the executive agency are designed, developed,
maintained, and used effectively to provide financial
or program performance data for financial statements of
the executive agency;
(2) ensure that financial and related program
performance data are provided on a reliable,
consistent, and timely basis to executive agency
financial management systems; and
(3) ensure that financial statements support--
(A) assessments and revisions of mission-
related processes and administrative processes
of the executive agency; and
(B) performance measurement of the
performance in the case of investments made by
the agency in information systems.
SEC. 5127. SIGNIFICANT DEVIATIONS.
The head of an executive agency shall identify in the
strategic information resources management plan required under
section 3506(b)(2) of title 44, United States Code, any major
information technology acquisition program, or any phase or
increment of such a program, that has significantly deviated
from the cost, performance, or schedule goals established for
the program.
SEC. 5128. INTERAGENCY SUPPORT.
Funds available for an executive agency for oversight,
acquisition, and procurement of information technology may be
used by the head of the executive agency to support jointly
with other executive agencies the activities of interagency
groups that are established to advise the Director in carrying
out the Director's responsibilities under this title. The use
of such funds for that purpose shall be subject to such
requirements and limitations on uses and amounts as the
Director may prescribe. The Director shall prescribe any such
requirements and limitations during the Director's review of
the executive agency's proposed budget submitted to the
Director by the head of the executive agency for purposes of
section 1105 of title 31, United States Code.
Subtitle D--Other Responsibilities
SEC. 5131. RESPONSIBILITIES REGARDING EFFICIENCY, SECURITY, AND PRIVACY
OF FEDERAL COMPUTER SYSTEMS.
(a) Standards and Guidelines.--
(1) Authority.--The Secretary of Commerce shall, on
the basis of standards and guidelines developed by the
National Institute of Standards and Technology pursuant
to paragraphs (2) and (3) of section 20(a) of the
National Institute of Standards and Technology Act (15
U.S.C. 278g-3(a)), promulgate standards and guidelines
pertaining to Federal computer systems. The Secretary
shall make such standards compulsory and binding to the
extent to which the Secretary determines necessary to
improve the efficiency of operation or security and
privacy of Federal computer systems. The President may
disapprove or modify such standards and guidelines if
the President determines such action to be in the
public interest. The President's authority to
disapprove or modify such standards and guidelines may
not be delegated. Notice of such disapproval or
modification shall be published promptly in the Federal
Register. Upon receiving notice of such disapproval or
modification, the Secretary of Commerce shall
immediately rescind or modify such standards or
guidelines as directed by the President.
(2) Exercise of authority.--The authority conferred
upon the Secretary of Commerce by this section shall be
exercised subject to direction by the President and in
coordination with the Director to ensure fiscal and
policy consistency.
(b) Application of More Stringent Standards.--The head of a
Federal agency may employ standards for the cost-effective
security and privacy of sensitive information in a Federal
computer system within or under the supervision of that agency
that are more stringent than the standards promulgated by the
Secretary of Commerce under this section, if such standards
contain, at a minimum, the provisions of those applicable
standards made compulsory and binding by the Secretary of
Commerce.
(c) Waiver of Standards.--The standards determined under
subsection (a) to be compulsory and binding may be waived by
the Secretary of Commerce in writing upon a determination that
compliance would adversely affect the accomplishment of the
mission of an operator of a Federal computer system, or cause a
major adverse financial impact on the operator which is not
offset by Government-wide savings. The Secretary may delegate
to the head of one or more Federal agencies authority to waive
such standards to the extent to which the Secretary determines
such action to be necessary and desirable to allow for timely
and effective implementation of Federal computer system
standards. The head of such agency may redelegate such
authority only to a Chief Information Officer designated
pursuant to section 3506 of title 44, United States Code.
Notice of each such waiver and delegation shall be transmitted
promptly to Congress and shall be published promptly in the
Federal Register.
(d) Definitions.--In this section, the terms ``Federal
computer system'' and ``operator of a Federal computer system''
have the meanings given such terms in section 20(d) of the
National Institute of Standards and Technology Act (15 U.S.C.
278g-3(d)).
(e) Technical Amendments.--Chapter 35 of title 44, United
States Code, is amended--
(1) in section 3504(g)--
(A) in paragraph (2), by striking out ``the
Computer Security Act of 1987 (40 U.S.C. 759
note)'' and inserting in lieu thereof
``sections 20 and 21 of the National Institute
of Standards and Technology Act (15 U.S.C.
278g-3 and 278g-4), section 5131 of the
Information Technology Management Reform Act of
1995, and sections 5 and 6 of the Computer
Security Act of 1987 (40 U.S.C. 759 note)'';
and
(B) in paragraph (3), by striking out ``the
Computer Security Act of 1987 (40 U.S.C. 759
note)'' and inserting in lieu thereof ``the
standards and guidelines promulgated under
section 5131 of the Information Technology
Management Reform Act of 1995 and sections 5
and 6 of the Computer Security Act of 1987 (40
U.S.C. 759 note)''; and
(2) in section 3518(d), by striking out ``Public
Law 89-306 on the Administrator of the General Services
Administration, the Secretary of Commerce, or'' and
inserting in lieu thereof ``section 5131 of the
Information Technology Management Reform Act of 1995
and the Computer Security Act of 1987 (40 U.S.C. 759
note) on the Secretary of Commerce or''.
SEC. 5132. SENSE OF CONGRESS.
It is the sense of Congress that, during the next five-year
period beginning with 1996, executive agencies should achieve
each year at least a 5 percent decrease in the cost (in
constant fiscal year 1996 dollars) that is incurred by the
agency for operating and maintaining information technology,
and each year a 5 percent increase in the efficiency of the
agency operations, by reason of improvements in information
resources management by the agency.
Subtitle E--National Security Systems
SEC. 5141. APPLICABILITY TO NATIONAL SECURITY SYSTEMS.
(a) In General.--Except as provided in subsection (b), this
title does not apply to national security systems.
(b) Exceptions.--
(1) In general.--Sections 5123, 5125, and 5126
apply to national security systems.
(2) Capital planning and investment control.--The
heads of executive agencies shall apply sections 5112
and 5122 to national security systems to the extent
practicable.
(3) Performance and results of information
technology investments.--(A) Subject to subparagraph
(B), the heads of executive agencies shall apply
section 5113 to national security systems to the extent
practicable.
(B) National security systems shall be subject to
section 5113(b)(5) except for subparagraph (B)(iv) of
that section.
SEC. 5142. NATIONAL SECURITY SYSTEM DEFINED.
(a) Definition.--In this subtitle, the term ``national
security system'' means any telecommunications or information
system operated by the United States Government, the function,
operation, or use of which--
(1) involves intelligence activities;
(2) involves cryptologic activities related to
national security;
(3) involves command and control of military
forces;
(4) involves equipment that is an integral part of
a weapon or weapons system; or
(5) subject to subsection (b), is critical to the
direct fulfillment of military or intelligence
missions.
(b) Limitation.--Subsection (a)(5) does not include a
system that is to be used for routine administrative and
business applications (including payroll, finance, logistics,
and personnel management applications).
TITLE LII--PROCESS FOR ACQUISITIONS OF INFORMATION TECHNOLOGY
SEC. 5201. PROCUREMENT PROCEDURES.
The Federal Acquisition Regulatory Council shall ensure
that, to the maximum extent practicable, the process for
acquisition of information technology is a simplified, clear,
and understandable process that specifically addresses the
management of risk, incremental acquisitions, and the need to
incorporate commercial information technology in a timely
manner.
SEC. 5202. INCREMENTAL ACQUISITION OF INFORMATION TECHNOLOGY.
(a) Policy.--The Office of Federal Procurement Policy Act
(41 U.S.C. 401 et seq.) is amended by adding at the end the
following new section:
``SEC. 35. MODULAR CONTRACTING FOR INFORMATION TECHNOLOGY.
``(a) In General.--The head of an executive agency should,
to the maximum extent practicable, use modular contracting for
an acquisition of a major system of information technology.
``(b) Modular Contracting Described.--Under modular
contracting, an executive agency's need for a system is
satisfied in successive acquisitions of interoperable
increments. Each increment complies with common or commercially
accepted standards applicable to information technology so that
the increments are compatible with other increments of
information technology comprising the system.
``(c) Implementation.--The Federal Acquisition Regulation
shall provide that--
``(1) under the modular contracting process, an
acquisition of a major system of information technology
may be divided into several smaller acquisition
increments that--
``(A) are easier to manage individually
than would be one comprehensive acquisition;
``(B) address complex information
technology objectives incrementally in order to
enhance the likelihood of achieving workable
solutions for attainment of those objectives;
``(C) provide for delivery, implementation,
and testing of workable systems or solutions in
discrete increments each of which comprises a
system or solution that is not dependent on any
subsequent increment in order to perform its
principal functions; and
``(D) provide an opportunity for subsequent
increments of the acquisition to take advantage
of any evolution in technology or needs that
occur during conduct of the earlier increments;
``(2) a contract for an increment of an information
technology acquisition should, to the maximum extent
practicable, be awarded within 180 days after the date
on which the solicitation is issued and, if the
contract for that increment cannot be awarded within
such period, the increment should be considered for
cancellation; and
``(3) the information technology provided for in a
contract for acquisition of information technology
should be delivered within 18 months after the date on
which the solicitation resulting in award of the
contract was issued.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 34 the following new item:
``Sec. 35. Modular contracting for information technology.''.
TITLE LIII--INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAMS
Subtitle A--Conduct of Pilot Programs
SEC. 5301. AUTHORITY TO CONDUCT PILOT PROGRAMS.
(a) In General.--
(1) Purpose.--The Administrator for Federal
Procurement Policy (hereinafter referred to as the
``Administrator''), in consultation with the
Administrator for the Office of Information and
Regulatory Affairs, may conduct pilot programs in order
to test alternative approaches for acquisition of
information technology by executive agencies.
(2) Multiagency, multi-activity conduct of each
program.--Except as otherwise provided in this title,
each pilot program conducted under this title shall be
carried out in not more than two procuring activities
in each of the executive agencies that are designated
by the Administrator in accordance with this title to
carry out the pilot program. The head of each
designated executive agency shall, with the approval of
the Administrator, select the procuring activities of
the executive agency that are to participate in the
test and shall designate a procurement testing official
who shall be responsible for the conduct and evaluation
of the pilot program within the executive agency.
(b) Limitations.--
(1) Number.--Not more than two pilot programs may
be conducted under the authority of this title,
including one pilot program each pursuant to the
requirements of sections 5311 and 5312.
(2) Amount.--The total amount obligated for
contracts entered into under the pilot programs
conducted under the authority of this title may not
exceed $750,000,000. The Administrator shall monitor
such contracts and ensure that contracts are not
entered into in violation of the limitation in the
preceding sentence.
(c) Period of Programs.--
(1) In general.--Subject to paragraph (2), any
pilot program may be carried out under this title for
the period, not in excess of five years, that is
determined by the Administrator as being sufficient to
establish reliable results.
(2) Continuing validity of contracts.--A contract
entered into under the pilot program before the
expiration of that program shall remain in effect
according to the terms of the contract after the
expiration of the program.
SEC. 5302. EVALUATION CRITERIA AND PLANS.
(a) Measurable Test Criteria.--The head of each executive
agency conducting a pilot program under section 5301 shall
establish, to the maximum extent practicable, measurable
criteria for evaluating the effects of the procedures or
techniques to be tested under the program.
(b) Test Plan.--Before a pilot program may be conducted
under section 5301, the Administrator shall submit to Congress
a detailed test plan for the program, including a detailed
description of the procedures to be used and a list of any
regulations that are to be waived.
SEC. 5303. REPORT.
(a) Requirement.--Not later than 180 days after the
completion of a pilot program under this title, the
Administrator shall--
(1) submit to the Director a report on the results
and findings under the program; and
(2) provide a copy of the report to Congress.
(b) Content.--The report shall include the following:
(1) A detailed description of the results of the
program, as measured by the criteria established for
the program.
(2) A discussion of any legislation that the
Administrator recommends, or changes in regulations
that the Administrator considers necessary, in order to
improve overall information resources management within
the Federal Government.
SEC. 5304. RECOMMENDED LEGISLATION.
If the Director determines that the results and findings
under a pilot program under this title indicate that
legislation is necessary or desirable in order to improve the
process for acquisition of information technology, the Director
shall transmit the Director's recommendations for such
legislation to Congress.
SEC. 5305. RULE OF CONSTRUCTION.
Nothing in this title shall be construed as authorizing the
appropriation or obligation of funds for the pilot programs
authorized under this title.
Subtitle B--Specific Pilot Programs
SEC. 5311. SHARE-IN-SAVINGS PILOT PROGRAM.
(a) Requirement.--The Administrator may authorize the heads
of two executive agencies to carry out a pilot program to test
the feasibility of--
(1) contracting on a competitive basis with a
private sector source to provide the Federal Government
with an information technology solution for improving
mission-related or administrative processes of the
Federal Government; and
(2) paying the private sector source an amount
equal to a portion of the savings derived by the
Federal Government from any improvements in mission-
related processes and administrative processes that
result from implementation of the solution.
(b) Limitations.--The head of an executive agency
authorized to carry out the pilot program may, under the pilot
program, carry out one project and enter into not more than
five contracts for the project.
(c) Selection of Projects.--The projects shall be selected
by the Administrator, in consultation with the Administrator
for the Office of Information and Regulatory Affairs.
SEC. 5312. SOLUTIONS-BASED CONTRACTING PILOT PROGRAM.
(a) In General.--The Administrator may authorize the heads
of any of the executive agencies, in accordance with subsection
(d)(2), to carry out a pilot program to test the feasibility of
using solutions-based contracting for acquisition of
information technology.
(b) Solutions-Based Contracting Described.--For purposes of
this section, solutions-based contracting is an acquisition
method under which the acquisition objectives are defined by
the Federal Government user of the technology to be acquired, a
streamlined contractor selection process is used, and industry
sources are allowed to provide solutions that attain the
objectives effectively.
(c) Process Requirements.--The Administrator shall require
use of a process with the following aspects for acquisitions
under the pilot program:
(1) Acquisition plan emphasizing desired result.--
Preparation of an acquisition plan that defines the
functional requirements of the intended users of the
information technology to be acquired, identifies the
operational improvements to be achieved, and defines
the performance measurements to be applied in
determining whether the information technology acquired
satisfies the defined requirements and attains the
identified results.
(2) Results-oriented statement of work.--Use of a
statement of work that is limited to an expression of
the end results or performance capabilities desired
under the acquisition plan.
(3) Small acquisition organization.--Assembly of a
small acquisition organization consisting of the
following:
(A) An acquisition management team, the
members of which are to be evaluated and
rewarded under the pilot program for
contributions toward attainment of the desired
results identified in the acquisition plan.
(B) A small source selection team composed
of representatives of the specific mission or
administrative area to be supported by the
information technology to be acquired, together
with a contracting officer and persons with
relevant expertise.
(4) Use of source selection factors emphasizing
source qualifications and costs.--Use of source
selection factors that emphasize--
(A) the qualifications of the offeror,
including such factors as personnel skills,
previous experience in providing other private
or public sector organizations with solutions
for attaining objectives similar to the
objectives of the acquisition, past contract
performance, qualifications of the proposed
program manager, and the proposed management
plan; and
(B) the costs likely to be associated with
the conceptual approach proposed by the
offeror.
(5) Open communications with contractor
community.--Open availability of the following
information to potential offerors:
(A) The agency mission to be served by the
acquisition.
(B) The functional process to be performed
by use of information technology.
(C) The process improvements to be
attained.
(6) Simple solicitation.--Use of a simple
solicitation that sets forth only the functional work
description, the source selection factors to be used in
accordance with paragraph (4), the required terms and
conditions, instructions regarding submission of
offers, and the estimate of the Federal Government's
budget for the desired work.
(7) Simple proposals.--Submission of oral
presentations and written proposals that are limited in
size and scope and contain information on--
(A) the offeror's qualifications to perform
the desired work;
(B) past contract performance;
(C) the proposed conceptual approach; and
(D) the costs likely to be associated with
the proposed conceptual approach.
(8) Simple evaluation.--Use of a simplified
evaluation process, to be completed within 45 days
after receipt of proposals, which consists of the
following:
(A) Identification of the most qualified
offerors that are within the competitive range.
(B) Issuance of invitations for at least
three and not more than five of the identified
offerors to make oral presentations to, and
engage in discussions with, the evaluating
personnel regarding, for each offeror--
(i) the qualifications of the
offeror, including how the
qualifications of the offeror relate to
the approach proposed to be taken by
the offeror in the acquisition; and
(ii) the costs likely to be
associated with the approach.
(C) Evaluation of the qualifications of the
identified offerors and the costs likely to be
associated with the offerors' proposals on the
basis of submissions required under the process
and any oral presentations made by, and any
discussions with, the offerors.
(9) Selection of most qualified offeror.--A
selection process consisting of the following:
(A) Identification of the most qualified
source, and ranking of alternative sources,
primarily on the basis of the oral proposals,
presentations, and discussions, and written
proposals submitted in accordance with
paragraph (7).
(B) Conduct for 30 to 60 days of a program
definition phase (funded, in the case of the
source ultimately awarded the contract, by the
Federal Government)--
(i) during which the selected
source, in consultation with one or
more intended users, develops a
conceptual system design and technical
approach, defines logical phases for
the project, and estimates the total
cost and the cost for each phase; and
(ii) after which a contract for
performance of the work may be awarded
to that source on the basis of cost,
the responsiveness, reasonableness, and
quality of the proposed performance,
and a sharing of risk and benefits
between the source and the Government.
(C) Conduct of as many successive program
definition phases with alternative sources (in
the order ranked) as is necessary in order to
award a contract in accordance with
subparagraph (B).
(10) System implementation phasing.--System
implementation to be executed in phases that are
tailored to the solution, with various contract
arrangements being used, as appropriate, for various
phases and activities.
(11) Mutual authority to terminate.--Authority for
the Federal Government or the contractor to terminate
the contract without penalty at the end of any phase
defined for the project.
(12) Time management discipline.--Application of a
standard for awarding a contract within 105 to 120 days
after issuance of the solicitation.
(d) Pilot Program Design.--
(1) Joint public-private working group.--The
Administrator, in consultation with the Administrator
for the Office of Information and Regulatory Affairs,
shall establish a joint working group of Federal
Government personnel and representatives of the
information technology industry to design a plan for
conduct of any pilot program carried out under this
section.
(2) Content of plan.--The plan shall provide for
use of solutions-based contracting in the Department of
Defense and not more than two other executive agencies
for a total of--
(A) not more than 10 projects, each of
which has an estimated cost of between
$25,000,000 and $100,000,000; and
(B) not more than 10 projects, each of
which has an estimated cost of between
$1,000,000 and $5,000,000, to be set aside for
small business concerns.
(3) Complexity of projects.--(A) Subject to
subparagraph (C), each acquisition project under the
pilot program shall be sufficiently complex to provide
for meaningful evaluation of the use of solutions-based
contracting for acquisition of information technology
for executive agencies.
(B) In order for an acquisition project to satisfy
the requirement in subparagraph (A), the solution for
attainment of the executive agency's objectives under
the project should not be obvious, but rather shall
involve a need for some innovative development and
systems integration.
(C) An acquisition project should not be so
extensive or lengthy as to result in undue delay in the
evaluation of the use of solutions-based contracting.
(e) Monitoring by GAO.--The Comptroller General of the
United States shall--
(1) monitor the conduct, and review the results, of
acquisitions under the pilot program; and
(2) submit to Congress periodic reports containing
the views of the Comptroller General on the activities,
results, and findings under the pilot program.
TITLE LIV--ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS
SEC. 5401. ON-LINE MULTIPLE AWARD SCHEDULE CONTRACTING.
(a) Automation of Multiple Award Schedule Contracting.--In
order to provide for the economic and efficient procurement of
information technology and other commercial items, the
Administrator of General Services shall provide through the
Federal Acquisition Computer Network (in this section referred
to as ``FACNET''), not later than January 1, 1998, Government-
wide on-line computer access to information on products and
services that are available for ordering under the multiple
award schedules. If the Administrator determines it is not
practicable to provide such access through FACNET, the
Administrator shall provide such access through another
automated system that has the capability to perform the
functions listed in subsection (b)(1) and meets the requirement
of subsection (b)(2).
(b) Additional FACNET Functions.--(1) In addition to the
functions specified in section 30(b) of the Office of Federal
Procurement Policy Act (41 U.S.C. 426(b)), the FACNET
architecture shall have the capability to perform the following
functions:
(A) Provide basic information on prices, features,
and performance of all products and services available
for ordering through the multiple award schedules.
(B) Provide for updating that information to
reflect changes in prices, features, and performance as
soon as information on the changes becomes available.
(C) Enable users to make on-line computer
comparisons of the prices, features, and performance of
similar products and services offered by various
vendors.
(2) The FACNET architecture shall be used to place orders
under the multiple award schedules in a fiscal year for an
amount equal to at least 60 percent of the total amount spent
for all orders under the multiple award schedules in that
fiscal year.
(c) Streamlined Procedures.--
(1) Pilot program.--Upon certification by the
Administrator of General Services that the FACNET
architecture meets the requirements of subsection
(b)(1) and was used as required by subsection (b)(2) in
the fiscal year preceding the fiscal year in which the
certification is made, the Administrator for Federal
Procurement Policy may establish a pilot program to
test streamlined procedures for the procurement of
information technology products and services available
for ordering through the multiple award schedules.
(2) Applicability to multiple award schedule
contracts.--Except as provided in paragraph (4), the
pilot program shall be applicable to all multiple award
schedule contracts for the purchase of information
technology and shall test the following procedures:
(A) A procedure under which negotiation of
the terms and conditions for a covered multiple
award schedule contract is limited to terms and
conditions other than price.
(B) A procedure under which the vendor
establishes the prices under a covered multiple
award schedule contract and may adjust those
prices at any time in the discretion of the
vendor.
(C) A procedure under which a covered
multiple award schedule contract is awarded to
any responsible offeror that--
(i) has a suitable record of past
performance, which may include past
performance on multiple award schedule
contracts;
(ii) agrees to terms and conditions
that the Administrator determines as
being required by law or as being
appropriate for the purchase of
commercial items; and
(iii) agrees to establish and
update prices, features, and
performance and to accept orders
electronically through the automated
system established pursuant to
subsection (a).
(3) Comptroller general review and report.--(A) Not
later than three years after the date on which the
pilot program is established, the Comptroller General
of the United States shall review the pilot program and
report to the Congress on the results of the pilot
program.
(B) The report shall include the following:
(i) An evaluation of the extent to which
there is competition for the orders placed
under the pilot program.
(ii) The effect that the streamlined
procedures under the pilot program have on
prices charged under multiple award schedule
contracts.
(iii) The effect that such procedures have
on paperwork requirements for multiple award
schedule contracts and orders.
(iv) The impact of the pilot program on
small businesses and socially and economically
disadvantaged small businesses.
(4) Withdrawal of schedule or portion of schedule
from pilot program.--The Administrator may withdraw a
multiple award schedule or portion of a schedule from
the pilot program if the Administrator determines that
(A) price competition is not available under such
schedule or portion thereof, or (B) the cost to the
Government for that schedule or portion thereof for the
previous year was higher than it would have been if the
contracts for such schedule or portion thereof had been
awarded using procedures that would apply if the pilot
program were not in effect. The Administrator shall
notify Congress at least 30 days before the date on
which the Administrator withdraws a schedule or portion
thereof under this paragraph. The authority under this
paragraph may not be delegated.
(5) Termination of pilot program.--Unless
reauthorized by law, the authority of the Administrator
to award contracts under the pilot program shall expire
four years after the date on which the pilot program is
established. Contracts entered into before the
authority expires shall remain in effect in accordance
with their terms notwithstanding the expiration of the
authority to award new contracts under the pilot
program.
(d) Definition.--In this section, the term ``FACNET'' means
the Federal Acquisition Computer Network established under
section 30 of the Office of Federal Procurement Policy Act (41
U.S.C. 426).
SEC. 5402. IDENTIFICATION OF EXCESS AND SURPLUS COMPUTER EQUIPMENT.
Not later than six months after the date of the enactment
of this Act, the head of an executive agency shall inventory
all computer equipment under the control of that official.
After completion of the inventory, the head of the executive
agency shall maintain, in accordance with title II of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 481 et seq.), an inventory of any such equipment that is
excess or surplus property.
SEC. 5403. ACCESS OF CERTAIN INFORMATION IN INFORMATION SYSTEMS TO THE
DIRECTORY ESTABLISHED UNDER SECTION 4101 OF TITLE
44, UNITED STATES CODE.
Notwithstanding any other provision of this division, if in
designing an information technology system pursuant to this
division, the head of an executive agency determines that a
purpose of the system is to disseminate information to the
public, then the head of such executive agency shall reasonably
ensure that an index of information disseminated by such system
is included in the directory created pursuant to section 4101
of title 44, United States Code. Nothing in this section
authorizes the dissemination of information to the public
unless otherwise authorized.
TITLE LV--PROCUREMENT PROTEST AUTHORITY OF THE COMPTROLLER GENERAL
SEC. 5501. PERIOD FOR PROCESSING PROTESTS.
Title 31, United States Code, is amended as follows:
(1) Section 3553(b)(2)(A) is amended by striking
out ``35'' and inserting in lieu thereof ``30''.
(2) Section 3554 is amended--
(A) in subsection (a)(1), by striking out
``125'' and inserting in lieu thereof ``100'';
and
(B) in subsection (e)--
(i) in paragraph (1), by striking
out ``Government Operations'' and
inserting in lieu thereof ``Government
Reform and Oversight''; and
(ii) in paragraph (2), by striking
out ``125'' and inserting in lieu
thereof ``100''.
SEC. 5502. AVAILABILITY OF FUNDS FOLLOWING GAO RESOLUTION OF CHALLENGE
TO CONTRACTING ACTION.
(a) In General.--Section 1558 of title 31, United States
Code, is amended--
(1) in the first sentence of subsection (a)--
(A) by inserting ``or other action referred
to in subsection (b)'' after ``protest'' the
first place it appears;
(B) by striking out ``90 working days'' and
inserting in lieu thereof ``100 days''; and
(C) by inserting ``or other action'' after
``protest'' the second place it appears; and
(2) by striking out subsection (b) and inserting in
lieu thereof the following:
``(b) Subsection (a) applies with respect to--
``(1) any protest filed under subchapter V of
chapter 35 of this title; or
``(2) an action commenced under administrative
procedures or for a judicial remedy if--
``(A) the action involves a challenge to--
``(i) a solicitation for a
contract;
``(ii) a proposed award of a
contract;
``(iii) an award of a contract; or
``(iv) the eligibility of an
offeror or potential offeror for a
contract or of the contractor awarded
the contract; and
``(B) commencement of the action delays or
prevents an executive agency from making an
award of a contract or proceeding with a
procurement.''.
(b) Conforming Amendment.--The heading of such section is
amended to read as follows:
``Sec. 1558. Availability of funds following resolution of a formal
protest or other challenge''.
(c) Clerical Amendment.--The item relating to such section
in the table of sections at the beginning of chapter 15 of
title 31, United States Code, is amended to read as follows:
``1558. Availability of funds following resolution of a formal protest
or other challenge.''.
TITLE LVI--CONFORMING AND CLERICAL AMENDMENTS
SEC. 5601. AMENDMENTS TO TITLE 10, UNITED STATES CODE.
(a) Protest File.--Section 2305(e) is amended by striking
out paragraph (3).
(b) Multiyear Contracts.--Section 2306b of such title is
amended--
(1) by striking out subsection (k); and
(2) by redesignating subsection (l) as subsection
(k).
(c) Law Inapplicable to Procurement of Information
Technology.--Section 2315 of title 10, United States Code, is
amended by striking out ``Section 111'' and all that follows
through ``use of equipment or services if,'' and inserting in
lieu thereof the following: ``For the purposes of the
Information Technology Management Reform Act of 1995, the term
`national security systems' means those telecommunications and
information systems operated by the Department of Defense, the
functions, operation or use of which''.
SEC. 5602. AMENDMENTS TO TITLE 28, UNITED STATES CODE.
(a) References to Brooks Automatic Data Processing Act.--
Section 612 of title 28, United States Code, is amended--
(1) in subsection (f), by striking out ``section
111 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 759)'' and inserting in lieu
thereof ``the provisions of law, policies, and
regulations applicable to executive agencies under the
Information Technology Management Reform Act of 1995'';
(2) in subsection (g), by striking out ``sections
111 and 201 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 481 and 759)'' and
inserting in lieu thereof ``section 201 of the Federal
Property and Administrative Services Act of 1949 (40
U.S.C. 481)'';
(3) by striking out subsection (l); and
(4) by redesignating subsection (m) as subsection
(l).
(b) References to Automatic Data Processing.--Section 612
of title 28, United States Code, is further amended--
(1) in the heading, by striking out the second word
and inserting in lieu thereof ``Information
Technology'';
(2) in subsection (a), by striking out ``Judiciary
Automation Fund'' and inserting in lieu thereof
``Judiciary Information Technology Fund''; and
(3) by striking out ``automatic data processing''
and inserting in lieu thereof ``information
technology'' each place it appears in subsections (a),
(b), (c)(2), (e), (f), and (h)(1).
SEC. 5603. AMENDMENT TO TITLE 31, UNITED STATES CODE.
Section 3552 of title 31, United States Code, is amended by
striking out the second sentence.
SEC. 5604. AMENDMENTS TO TITLE 38, UNITED STATES CODE.
Section 310 of title 38, United States Code, is amended to
read as follows:
``Sec. 310. Chief Information Officer
``(a) The Chief Information Officer for the Department is
designated pursuant to section 3506(a)(2) of title 44.
``(b) The Chief Information Officer performs the duties
provided for chief information officers of executive agencies
under chapter 35 of title 44 and the Information Technology
Management Reform Act of 1995.''.
SEC. 5605. PROVISIONS OF TITLE 44, UNITED STATES CODE, RELATING TO
PAPERWORK REDUCTION.
(a) Definition.--Section 3502 of title 44, United States
Code, is amended by striking out paragraph (9) and inserting in
lieu thereof the following:
``(9) the term `information technology' has the
meaning given that term in section 5002 of the
Information Technology Management Reform Act of 1995
but does not include national security systems as
defined in section 5142 of that Act;''.
(b) Development of Standards and Guidelines by National
Institute of Standards and Technology.--Section 3504(h)(1)(B)
of such title is amended by striking out ``section 111(d) of
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 759(d))'' and inserting in lieu thereof ``section
5131 of the Information Technology Management Reform Act of
1995''.
(c) Compliance With Directives.--Section 3504(h)(2) of such
title is amended by striking out ``sections 110 and 111 of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 757 and 759)'' and inserting in lieu thereof ``the
Information Technology Management Reform Act of 1995 and
directives issued under section 110 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 757)''.
(d) Collection of Information.--Section 3507(j)(2) of such
title is amended by striking out ``90 days'' in the second
sentence and inserting in lieu thereof ``180 days''.
SEC. 5606. AMENDMENT TO TITLE 49, UNITED STATES CODE.
Section 40112(a) of title 49, United States Code, is
amended by striking out ``or a contract to purchase property to
which section 111 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 759) applies''.
SEC. 5607. OTHER LAWS.
(a) National Institute of Standards and Technology Act.--
Section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3) is amended--
(1) in subsection (a)--
(A) by striking out ``section 3502(2) of
title 44'' each place it appears in paragraphs
(2) and (3)(A) and inserting in lieu thereof
``section 3502(9) of title 44''; and
(B) in paragraph (4), by striking out
``section 111(d) of the Federal Property and
Administrative Services Act of 1949'' and
inserting in lieu thereof ``section 5131 of the
Information Technology Management Reform Act of
1995'';
(2) in subsection (b)--
(A) by striking out paragraph (2);
(B) in paragraph (3), by striking out
``section 111(d) of the Federal Property and
Administrative Services Act of 1949'' and
inserting in lieu thereof ``section 5131 of the
Information Technology Management Reform Act of
1995''; and
(C) by redesignating paragraphs (3), (4),
(5), and (6) as paragraphs (2), (3), (4), and
(5); and
(3) in subsection (d)--
(A) in paragraph (1)(B)(v), by striking out
``as defined'' and all that follows and
inserting in lieu thereof a semicolon; and
(B) in paragraph (2)--
(i) by striking out ``system'--''
and all that follows through ``means''
in subparagraph (A) and inserting in
lieu thereof ``system' means''; and
(ii) by striking out ``; and'' at
the end of subparagraph (A) and all
that follows through the end of
subparagraph (B) and inserting in lieu
thereof a semicolon.
(b) Computer Security Act of 1987.--
(1) Purposes.--Section 2(b)(2) of the Computer
Security Act of 1987 (Public Law 100-235; 101 Stat.
1724) is amended by striking out ``by amending section
111(d) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 759(d))''.
(2) Security plan.--Section 6(b) of such Act (101
Stat. 1729; 40 U.S.C. 759 note) is amended--
(A) by striking out ``Within one year after
the date of enactment of this Act, each such
agency shall, consistent with the standards,
guidelines, policies, and regulations
prescribed pursuant to section 111(d) of the
Federal Property and Administrative Services
Act of 1949,'' and inserting in lieu thereof
``Each such agency shall, consistent with the
standards, guidelines, policies, and
regulations prescribed pursuant to section 5131
of the Information Technology Management Reform
Act of 1995,''; and
(B) by striking out ``Copies'' and all that
follows through ``Code.''.
(c) Federal Property and Administrative Services Act of
1949.--Section 303B(h) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253b(h)) is
amended by striking out paragraph (3).
(d) Office of Federal Procurement Policy Act.--Section
6(h)(1) of the Office of Federal Procurement Policy Act (41
U.S.C. 405(h)(1)) is amended by striking out ``of automatic
data processing and telecommunications equipment and services
or''.
(e) National Energy Conservation Policy Act.--Section
801(b)(3) of the National Energy Conservation Policy Act (42
U.S.C. 8287(b)(3)) is amended by striking out the second
sentence.
(f) Central Intelligence Agency Act of 1949.--Section 3 of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c) is
amended by striking out subsection (e).
SEC. 5608. CLERICAL AMENDMENTS.
(a) Federal Property and Administrative Services Act of
1949.--The table of contents in section 1(b) of the Federal
Property and Administrative Services Act of 1949 is amended by
striking out the item relating to section 111.
(b) Title 38, United States Code.--The table of sections at
the beginning of chapter 3 of title 38, United States Code, is
amended by striking out the item relating to section 310 and
inserting in lieu thereof the following:
``310. Chief Information Officer.''.
TITLE LVII--EFFECTIVE DATE, SAVINGS PROVISIONS, AND RULES OF
CONSTRUCTION
SEC. 5701. EFFECTIVE DATE.
This division and the amendments made by this division
shall take effect 180 days after the date of the enactment of
this Act.
SEC. 5702. SAVINGS PROVISIONS.
(a) Regulations, Instruments, Rights, and Privileges.--All
rules, regulations, contracts, orders, determinations, permits,
certificates, licenses, grants, and privileges--
(1) which have been issued, made, granted, or
allowed to become effective by the Administrator of
General Services or the General Services Board of
Contract Appeals, or by a court of competent
jurisdiction, in connection with an acquisition
activity carried out under the section 111 of the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 759), and
(2) which are in effect on the effective date of
this division,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the Director or any other authorized
official, by a court of competent jurisdiction, or by operation
of law.
(b) Proceedings.--
(1) Proceedings generally.--This division and the
amendments made by this division shall not affect any
proceeding, including any proceeding involving a claim,
application, or protest in connection with an
acquisition activity carried out under section 111 of
the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 759) that is pending before the
Administrator of General Services or the General
Services Board of Contract Appeals on the effective
date of this division.
(2) Orders.--Orders may be issued in any such
proceeding, appeals may be taken therefrom, and
payments may be made pursuant to such orders, as if
this division had not been enacted. An order issued in
any such proceeding shall continue in effect until
modified, terminated, superseded, or revoked in
accordance with law by the Director or any other
authorized official, by a court of competent
jurisdiction, or by operation of law.
(3) Discontinuance or modification of proceedings
not prohibited.--Nothing in this subsection prohibits
the discontinuance or modification of any such
proceeding under the same terms and conditions and to
the same extent that such proceeding could have been
discontinued or modified if this Act had not been
enacted.
(4) Other authority and prohibition.--Section
1558(a) of title 31, United States Code, and the second
sentence of section 3552 of such title shall continue
to apply with respect to a protest process in
accordance with this subsection.
(5) Regulations for transfer of proceedings.--The
Director may prescribe regulations providing for the
orderly transfer of proceedings continued under
paragraph (1).
(c) Standards and Guidelines for Federal Computer
Systems.--Standards and guidelines that are in effect for
Federal computer systems under section 111(d) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
759(d)) on the day before the effective date of this division
shall remain in effect until modified, terminated, superseded,
revoked, or disapproved under the authority of section 5131 of
this Act.
SEC. 5703. RULES OF CONSTRUCTION.
(a) Relationship to Title 44, United States Code.--Nothing
in this division shall be construed to amend, modify, or
supersede any provision of title 44, United States Code, other
than chapter 35 of such title.
(b) Relationship to Computer Security Act of 1987.--Nothing
in this division shall affect the limitations on authority that
is provided for in the administration of the Computer Security
Act of 1987 (Public Law 100-235) and the amendments made by
such Act.
And the Senate agree to the same.
From the Committee on National Security, for
consideration of the House bill (except for
sections 801-03, 811-14, 826, 828-32, 834-38,
842-43, and 850-96) and the Senate amendment
(except for sections 801-03, 815-18, 2851-57,
and 4001-4801), and modifications committed to
conference:
Floyd Spence,
Bob Stump,
Duncan Hunter,
John R. Kasich,
Herbert H. Bateman,
James V. Hansen,
Curt Weldon,
R.K. Dornan,
Joel Hefley,
Jim Saxton,
Randy ``Duke'' Cunningham,
Steve Buyer,
Peter G. Torkildsen,
Tillie Fowler,
John M. McHugh,
J.C. Watts, Jr.,
Walter B. Jones, Jr.,
Jim Longley,
G.V. Montgomery,
Ike Skelton,
Norman Sisisky,
Solomon P. Ortiz,
Owen Pickett,
John Tanner,
Glenn Browder,
Gene Taylor,
Neil Abercrombie,
From the Committee on National Security, for
consideration of sections 801-03, 811-14, 826,
828-32, 834-38, 842-43, and 850-96 of the House
bill and sections 801-03 and 815-18 of the
Senate amendment, and modifications committed
to conference:
Floyd Spence,
Bob Stump,
J.C. Watts, Jr.,
From the Committee on National Security, for
consideration of sections 2851-57 of the Senate
amendment, and modifications committed to
conference:
Floyd Spence,
Joel Hefley,
Walter B. Jones, Jr.,
G.V. Montgomery,
From the Committee on National Security, for
consideration of sections 4001-4801 of the
Senate amendment, and modifications committed
to conference:
Floyd Spence,
Bob Stump,
Peter G. Torkildsen,
J.C. Watts, Jr.,
Jim Longley,
As additional conferees from the Permanent
Select Committee on Intelligence, for
consideration of matters within the
jurisdiction of that committee under clause 2
of rule XLVIII:
Larry Combest,
Bill Young,
As additional conferees from the Committee on
Agriculture, for consideration of sections
2851-57 of the Senate amendment, and
modifications committed to conference:
Pat Roberts,
Wayne Allard,
Ray LaHood,
E de la Garza,
Tim Johnson,
As additional conferees from the Committee on
Commerce, for consideration of sections 601 and
3402-04 of the House bill and sections 323,
601, 705, 734, 2824, 2851-57, 3106-07, 3166,
and 3301-02 of the Senate amendment, and
modifications committed to conference:
Tom Bliley,
Dan Schaefer,
Provided, Mr. Oxley is appointed in lieu of Mr.
Schaefer for consideration of sections 323,
2824, and 3107 of the Senate amendment:
Michael G. Oxley,
Provided, Mr. Bilirakis is appointed in lieu of
Mr. Schaefer for consideration of section 601
of the House bill and sections 601, 705, and
734 of the Senate amendment:
Michael Bilirakis,
Provided, Mr. Hastert is appointed in lieu of
Mr. Schaefer for consideration of sections
2851-57 of the Senate amendment:
J. Dennis Hastert,
As additional conferees from the Committee on
Economic and Educational Opportunities, for
consideration of section 394 of the House bill,
and sections 387 and 2813 of the Senate
amendment, and modifications committed to
conference:
William F. Goodling,
Frank Riggs,
Bill Clay,
As additional conferees from the Committee on
Government Reform and Oversight, for
consideration of sections 332-33, and 338 of
the House bill, and sections 333 and 336-43 of
the Senate amendment, and modifications
committed to conference:
Bill Clinger,
John L. Mica,
C.F. Bass,
As additional conferees from the Committee on
Government Reform and Oversight, for
consideration of sections 801-03, 811-14, 826,
828-32, 834-40, and 842-43 of the House bill,
and sections 801-03 and 815-18 of the Senate
amendment, and modifications committed to
conference:
Bill Clinger,
Stephen Horn,
Thomas M. Davis,
As additional conferees from the Committee on
Government Reform and Oversight, for
consideration of sections 850-96 of the House
bill, and modifications committed to
conference:
Bill Clinger,
Thomas M. Davis,
As additional conferees from the Committee on
Government Reform and Oversight, for
consideration of sections 4001-4801 of the
Senate amendment, and modifications committed
to conference:
Bill Clinger,
Steven Schiff,
Bill Zeliff,
Stephen Horn,
Thomas M. Davis,
As additional conferees from the Committee on
House Oversight, for consideration of section
1077 of the Senate amendment, and modifications
committed to conference:
William M. Thomas,
Pat Roberts,
Steny Hoyer,
As additional conferees from the Committee on
International Relations, for consideration of
sections 231-32, 235, 237-38, 242, 244, 1101-
08, 1201, 1213, 1221-30, and 3131 of the House
bill and sections 231-33, 237-38, 240-41, 1012,
1041-44, 1051-64, and 1099 of the Senate
amendment, and modifications committed to
conference:
Benjamin, A. Gilman,
William F. Goodling,
Toby Roth,
Doug Bereuter,
Chris Smith,
As additional conferees from the Committee on
the Judiciary, for consideration of sections
831 (only as it adds a new section 27(d) to the
Office of Federal Procurement Policy Act), and
850-96 of the House bill and sections 525,
1075, and 1098 of the Senate amendment, and
modifications committed to conference:
Henry Hyde,
George W. Gekas,
As additional conferees from the Committee on
Rules, for consideration of section 3301 of the
Senate amendment, and modifications committed
to conference:
Jerry Solomon,
David Dreier,
As additional conferees from the Committee on
Science, for consideration of sections 203,
211, and 214 of the House bill and sections
220-21, 3137, 4122(a)(3), 4161, 4605, and 4607
of the Senate amendment, and modifications
committed to conference:
Robert S. Walker,
James F. Sensenbrenner, Jr.,
As additional conferees from the Committee on
Transportation and Infrastructure, for
consideration of sections 223, 322, 2824, and
2851-57 of the Senate amendment, and
modifications committed to conference:
Bud Shuster,
Jerry Weller,
As additional conferees from the Committee on
Veterans' Affairs, for consideration of section
2806 of the House bill and sections 644-45 and
4604 of the Senate amendment, and modifications
committed to conference:
Christopher H. Smith,
Tim Hutchinson,
Joe Kennedy,
As additional conferees from the Committee on
Ways and Means, for consideration of sections
705, 734, and 1021 of the Senate amendment, and
modifications committed to conference:
Bill Archer,
William Thomas,
Pete Stark,
Managers on the Part of the House.
Strom Thurmond,
John Warner,
Bill Cohen,
John McCain,
Trent Lott,
Dan Coats,
Bob Smith,
Dirk Kempthorne,
Kay Bailey Hutchison,
Jim Inhofe,
Rick Santorum,
Sam Nunn,
Robert C. Byrd,
Chuck Robb,
Joseph Lieberman,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 1530) to
authorize appropriations for fiscal year 1996 for military
activities of the Department of Defense, for military
construction, and for defense programs of the Department of
Energy, to prescribe personnel strengths for such fiscal year
for the Armed Forces, and for other purposes, submit the
following joint statement to the House and the Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report:
The Senate amendment struck out all of the House bill
after the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment which is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clarifying
changes.
Summary Statement of Conference Action
The conferees recommend authorizations for the Department
of Defense for procurement, research and development, test and
evaluation, operation and maintenance, working capital funds,
military construction and family housing, weapons programs of
the Department of Energy, and civil defense that have a budget
authority implication of $264.7 billion.
Summary Table of Authorizations
The defense authorization act provides authorizations for
appropriations but does not generally provide budget authority.
Budget authority is generally provided in appropriation acts.
In order to relate the conference recommendations to the
Budget Resolution, matters in addition to the dollar
authorizations contained in this bill must be taken into
account. A number of programs in the defense function are
authorized permanently or, in certain instances, authorized in
other annual legislation. In addition, this authorization bill
would establish personnel levels and include a number of
legislative provisions affecting military compensation.
The following table summarizes authorizations included in
the bill in fiscal year 1996 and, in addition, summarizes the
implications of the conference action for the budget totals for
national defense (budget function 050).
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Congressional defense committees
The term ``congressional defense committees'' is often
used in this statement of the managers. It means the Defense
Authorization and Appropriations Committees of the Senate and
House of Representatives.
DIVISION A: DEPARTMENT OF DEFENSE AUTHORIZATIONS
Title I--Procurement
Overview
The budget request for fiscal year 1996 contained an
authorization of $39,697.8 million for procurement in the
Department of Defense. The House bill would authorize $44,117.0
million. The Senate amendment would authorize $45,043.8
million. The conferees recommended an authorization of
$44,878.1 million. Unless noted explicitly in the statement of
managers, all changes are made without prejudice.
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Overview
The budget request for fiscal year 1996 contained an
authorization of $1,223.1 million for Aircraft Procurement,
Army in the Department of Defense. The House bill would
authorize $1,423.1 million. The Senate amendment would
authorize $1,396.5 million. The conferees recommended an
authorization of $1,558.8 million. Unless noted explicitly in
the statement of managers, all changes are made without
prejudice.
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Airborne reconnaissance low
The budget request included $18.4 million to procure one
additional aircraft.
The House bill and the Senate amendment would approve the
budget request.
The conferees agree to authorize the budget request and
express a continued strong support for the Airborne
Reconnaissance Low (ARL) program, to include the procurement of
a total of 9 aircraft as soon as possible.
The conferees expect the Department to evaluate the
advantages of linking the airborne workstations of the ARL to
an Unmanned Aerial Vehicle, to provide for airborne analysis
and assured dissemination of information.
UH-60 Black Hawk helicopter
The budget request included $526.0 million for the
procurement of 60 Black Hawk helicopters in the final year of a
five-year multiyear procurement. No funds were requested for
advance procurement.
The House bill would approve the budget request and add
$75.0 million for advance procurement.
The Senate amendment would decrease procurement funds to
$475.8 million to procure 50 helicopters, and would not provide
funds for advance procurement.
The conferees agree to authorize $526.0 million for the
procurement of 60 Black Hawk helicopters and $70.0 million for
advance procurement. The conferees also agree to provide
authority for multiyear procurement for the Black Hawk
helicopter program.
Overview
The budget request for fiscal year 1996 contained an
authorization of $676.4 million for Missile Procurement, Army
in the Department of Defense. The House bill would authorize
$862.8 million. The Senate amendment would authorize $894.4
million. The conferees recommended an authorization of $865.6
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Hellfire missile
The budget request included $197.5 million to procure 352
Longbow Hellfire missiles and $12.0 million for post-production
support.
The House bill and the Senate amendment would provide an
additional $40.0 million, which when combined with $12.0
million of post-production funds, would enable the Army to buy
750 Hellfire II missiles.
The conferees agree to provide an additional $37.2
million for the procurement of 750 Hellfire II missiles.
Javelin medium anti-tank weapon
The budget request included $171.4 million to procure 557
Javelin missiles.
The House bill and the Senate amendment would authorize
an increase of $39.0 million for an additional 453 Javelin
missiles.
The conferees agree to authorize an additional $35.5
million, which when added to the budget request of $171.4
million, will procure a total of 1,010 Javelin missiles.
TOW missile
The budget request included $7.4 million for plant
closure and production support of prior year TOW missile
deliveries. No funds were requested for additional missile
production.
The House bill and the Senate amendment would authorize
an increase of $20.0 million for procurement of 1,000 TOW 2B
missiles.
The conferees agree to authorize an increase of $5.0
million for procurement of 500 TOW 2B missiles.
Multiple launch rocket system
The budget request included $48.2 million for annual
support and fielding of the Army's Multiple Launch Rocket
System (MLRS), but this amount did not include funding for
procurement of any new launchers.
The House bill would authorize an increase of $16.4
million to procure MLRS launchers to complete equipping a
National Guard MLRS battalion, for which funds were authorized
in fiscal year 1995.
The Senate amendment would authorize an increase of $16.4
million to complete fielding the same National Guard battalion
described in the House bill. In addition, the Senate amendment
would authorize an increase of $48.0 million to recondition
sufficient MLRS lanuchers and ancillary equipment for one
additional National Guard MLRS battalion.
The conferees agree to authorize $98.6 million to provide
sufficient reconditioned MLRS launchers and ancillary equipment
to complete the fielding of the National Guard battalion
authorized in fiscal year 1995, and to fully equip another
National Guard battalion in fiscal year 1996.
Overview
The budget request for fiscal year 1996 contained an
authorization of $1,298.9 million for Weapons and Tracked
Combat Vehicles Procurement, Army in the Department of Defense.
The House bill would authorize $1,359.7 million. The Senate
amendment would authorize $1,547.9 million. The conferees
recommended an authorization of $1,652.7 million. Unless noted
explicitly in the statement of managers, all changes are made
without prejudice.
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Direct support electronic system test sets
The budget request included $1.5 million for calibration
of the direct support electronic system test sets (DSESTS).
The House bill included no additional funding for DSESTS.
The Senate amendment would authorize an increase of $15.0
million for additional procurement of DSESTS for M1 Abrams
series tanks and Bradley infantry fighting vehicles.
The conferees agree to authorize an increase of $15.0
million for DSESTS for both procurement and research and
development, as indicated below:
Procurement: Million
M1 Abrams tank series......................................... $3.0
Armored Gun System............................................ 6.0
Research & Development:
PE23735A Abrams Block Improvements............................ 4.0
PE23735A Armored Gun System................................... 2.0
M113 Carrier modifications
The budget request included $48.1 million for
modification of M113 personnel carriers.
The House bill and the Senate amendment would approve the
budget request.
The conferees agree to authorize an increase of $1.6
million for an additional 12 carrier modification upgrades to
be used as opposing force vehicles at the National Training
Center.
M109A6 Paladin 155mm howitzer, self-propelled
The budget request included $220.2 million for
retrofitting 215 M109A6 Paladin howitzer systems.
The House bill and the Senate amendment would approve the
budget request.
The conferees agree to authorize an increase of $81.8
million to procure an additional 48 Paladin retrofits to equip
two additional National Guard battalions and to retrofit the
fire control processor for 340 systems.
Improved Recovery Vehicle
The budget request included $23.5 million to procure nine
M88A1E1 Improved Recovery Vehicles (IRV).
The House bill would approve the budget request.
The Senate amendment would authorize an increase of $33.9
million to procure an additional 12 IRVs.
The House recedes.
M1 Abrams tank upgrade program
The budget request included $473.8 million for 100 M1A2
tank upgrades for the Army.
The House bill would approve the budget request.
The Senate amendment would authorize an increase of
$110.0 million for 24 additional M1A2 tank upgrades and, in
accordance with the Statement of Managers accompanying the
National Defense Authorization Act of Fiscal Year 1995 (H.
Rept. 103-701), would direct the Army to transfer 24 M1A1 tanks
to the Marine Corps Reserve.
The House recedes.
The conferees continue to support a multiyear procurement
for M1A2 tank upgrades, as authorized in the National Defense
Authorization Act of Fiscal Year 1995. However, the conferees
agree with guidance and direction to the Army Acquisition
Executive (AAE) regarding the need to maintain an appropriate
balance between the heavy and medium portions of the tracked
combat vehicle fleets, included in the Senate report (S. Rept.
104-112). The conferees expect the AAE to comply with that
guidance and direction.
Mark-19 universal mounting bracket
The budget request included $1.4 million for program
modifications under $2.0 million.
The Senate amendment would recommend an increase of $1.5
million to begin initial production of a nondevelopmental
universal bracket.
The House bill would authorize the budget request.
The Senate recedes.
The conferees encourage the Army to reprogram funds to
provide $1.5 million to initiate production of a
nondevelopmental universal mounting bracket for the Mark-19
automatic grenade launcher.
The conferees provide $.5 million in PE 64802A to type
classify this bracket.
Overview
The budget request for fiscal year 1996 contained an
authorization of $795.0 million for Ammunition Procurement,
Army in the Department of Defense. The House bill would
authorize $1,062.7 million. The Senate amendment would
authorize $1,120.1 million. The conferees recommended an
authorization of $1,093.9 million. Unless noted explicitly in
the statement of managers, all changes are made without
prejudice.
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Overview
The budget request for fiscal year 1996 contained an
authorization of $2,256.6 million for Other Procurement, Army
in the Department of Defense. The House bill would authorize
$2,545.6 million. The Senate amendment would authorize $2,811.1
million. The conferees recommended an authorization of $2,763.4
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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High mobility multipurpose wheeled vehicle
The budget request included $57.7 million for 546 high
mobility multipurpose wheeled vehicles (HMMWVs).
The House bill would authorize an increase of $39.0
million to procure approximately 700 additional HMMWVs.
The Senate amendment would authorize an increase of $72.0
million to procure approximately 1300 additional HMMWVs.
The House recedes.
The conferees agree that additional HMMWVs are required
for both the Army and the Marine Corps, and expect the military
services to include in future budget requests adequate funds to
procure sufficient HMMWVs to meet validated service
requirements and to meet minimum annual required production
rates necessary to sustain the essential elements of the HMMWV
industrial base.
Family of heavy tactical vehicles
The budget request included $0.6 million for the family
of heavy tactical vehicles (FHTV).
The House bill would authorize an increase of $100.0
million for the FHTV program.
The Senate amendment would authorize an increase of
$125.0 million for the FHTV program.
The House recedes.
The conferees agree to authorize an increase to the
budget request of $125.0 million to procure the heavy tactical
vehicles, as indicated below:
------------------------------------------------------------------------
Dollars
(in Quantity
millions)
------------------------------------------------------------------------
Heavy equipment transporter....................... $40.0 83
Heavy expanded mobility tactical transporter...... 33.0 115
Palletized loading system......................... 52.0 147
------------------------------------------------------------------------
Medium truck extended service program
The budget request did not include funds for the medium
truck extended service program (ESP).
The House bill would not authorize funds for medium truck
ESP.
The Senate amendment would authorize $30.0 million for
medium truck ESP.
The conferees agree to authorize $20.0 million for medium
truck ESP. The conferees express their concern regarding the
possibility of initiating multiple truck remanufacture
programs, thereby creating excess capacity in the industry. The
conferees prefer that maximum use be made of the medium truck
ESP currently underway, that separate, additional procurements
be kept to a minimum to avoid industrial overcapacity, and
that, for future procurements, consideration be given to
reliable manufacturers with demonstrated capabilities to
produce military trucks.
GUARDRAIL tactical information broadcast service
The budget request included $48.9 million for the
GUARDRAIL common sensor program.
Both the House bill and the Senate amendment would
authorize funding at the requested level.
The conferees have determined that there is a need for
GUARDRAIL aircraft to be equipped with improved intelligence
data dissemination capability and interoperability with other
intelligence data producers. Therefore, the conferees agree to
authorize an increase of $9.0 million to the budget request for
procurement and integration of tactical information broadcast
service to provide this capability for existing GUARDRAIL
aircraft.
Nonsystem training devices
The budget request included $71.6 million for nonsystem
training devices.
The House bill and the Senate amendment authorized the
request.
The conferees are concerned that the Army is currently
training firefighters using fossil-fueled techniques that are
not only hazardous to the trainees but, in some cases, in
violation of environmental regulations. Moreover, the conferees
are aware that there are computer-controlled natural gas/
propane firefighter training systems, currently used by other
services, that provide safe training for individuals and
minimize destruction to the environment. Accordingly, the
conferees authorize $4.5 million to procure an initial set of
these systems.
Further, the conferees believe that the Army should
develop a plan to replace current firefighting training sites
in regions where multiple commands can take advantage of a
single site.
Overview
The budget request for fiscal year 1996 contained an
authorization of $3,886.5 million for Aircraft Procurement,
Navy in the Department of Defense. The House bill would
authorize $4,106.5 million. The Senate amendment would
authorize $4,916.6 million. The conferees recommended an
authorization of $4,572.4 million. Unless noted explicitly in
the statement of managers, all changes are made without
prejudice.
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AV-8B remanufacture
The budget request included $148.2 million for the
remanufacture of four Marine Corps AV-8B aircraft.
The House bill would add $160.0 million for the
remanufacture of eight additional aircraft.
The Senate amendment would authorize an additional $100.0
million for the remanufacture of four more aircraft.
The conferees agree to authorize a total of $229.4
million, $81.3 million above the budget request, for the
remanufacture of four additional aircraft.
Electronic warfare
The budget request included no funds to either expand the
Navy's fleet of EA-6B block 89 aircraft to accommodate the
retirement of the EF-111 jammer aircraft or to improve the
capabilities of the existing Block 89 EA-6B fleet.
The House bill would approve the budget request.
The Senate amendment would authorize $216.0 million to
modernize airborne electronic warfare (EW) capabilities of the
EA-6B Block 89 aircraft and to expand the number of Block 89
aircraft by 20.
The conferees agree that modernization of the
Department's tactical electronic warfare aircraft fleet is a
priority item of special interest. Accordingly, the conferees
agree to authorize $165.0 million to initiate procurement of
EA-6B modifications, as set forth below:
(1) $100.0 million to modernize up to 20 older EA-
6B Block 82 aircraft to the newer Block 89
configuration to offset EF-111 retirements;
(2) $40.0 million to procure 60 band 9/10
transmitters; and
(3) $25.0 million for 30 USQ-113 enhanced radio
countermeasure sets.
The conferees also authorize an increase of $10.0 million
to Navy EW development (PE 64270N), to develop a low-cost,
reactive jamming capability for the EA-6B. The conferees are
especially interested in the Navy's completion of an affordable
upgrade to the EA-6B reactive processor capability.
The conferees note the inconsistent nature of the Navy's
actions regarding airborne tactical EW in recent years and are
deeply concerned with the Navy's vacillating commitment and
support for meaningful upgrades to the EA-6B aircraft.
Accordingly, the Secretary of the Navy is directed to:
(1) initiate the EA-6B modifications identified
above.
(2) provide the congressional defense committees
with the following:
(a) a program and budget plan for
completing the directed modifications.
(b) the Joint Tactical Airborne EW Study
(JTAEWS).
In addition, the conferees agree that the Secretary of
the Navy shall not obligate more than 75 percent of funds
appropriated for procurement of the F/A-18C/D for fiscal year
1996 until he has accomplished the actions specified above.
F-14 modifications
The budget request included $59.0 million for F-14
modifications. This amount did not include any funds for a
forward-looking infrared (FLIR)/laser designator system for the
F-14. The budget request included $25.4 million in research and
development funds for a precision strike upgrade, an effort to
integrate the joint direct attack munition (JDAM) into the F-
14.
The House bill would approve the budget request for F-14
modifications.
After completion of the House bill, the Navy informed the
Senate that the requirements validation process had documented
an operational requirement for a FLIR/laser designator system
for the F-14, in lieu of the JDAM integration. The Senate
considered this requirement to be a high priority for carrier
operations. Therefore, the Senate amendment would authorize an
increase of $17.1 million for F-14 aircraft modifications in
fiscal year 1996. This action was taken with the understanding
that the Department of Defense would provide funding for the
system in future budget requests.
The conferees agree to provide $101.5 million for F-14
modifications, with an increase of $42.5 million provided for
the FLIR/laser designator effort. The conferees also agree to
reduce the F-14 research and development request by $25.4
million.
Additionally, the conferees agree to invite the Navy to
reprogram funds originally authorized for JDAM integration into
the FLIR/laser designator procurement effort, to expedite
meeting the need for improving F-14 strike capability.
Overview
The budget request for fiscal year 1996 contained an
authorization of $1,787.1 million for Weapons Procurement, Navy
in the Department of Defense. The House bill would authorize
$1,626.4 million. The Senate amendment would authorize $1,771.4
million. The conferees recommended an authorization of $1,659.8
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Overview
The budget request for fiscal year 1996 contained an
authorization of $5,051.9 million for Shipbuilding and
Conversion Procurement, Navy in the Department of Defense. The
House bill would authorize $6,227.9 million. The Senate
amendment would authorize $7,111.9 million. The conferees
recommended an authorization of $6,643.9 million. Unless noted
explicitly in the statement of managers, all changes are made
without prejudice.
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Overview
The budget request for fiscal year 1996 contained an
authorization of $0 million for Ammunition Procurement, Navy
and Marine Corps in the Department of Defense. The House bill
would authorize $461.8 million. The Senate amendment would
authorize $0 million. The conferees recommended an
authorization of $430.1 million. Unless noted explicitly in the
statement of managers, all changes are made without prejudice.
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Overview
The budget request for fiscal year 1996 contained an
authorization of $2,396.1 million for Other Procurement, Navy
in the Department of Defense. The House bill would authorize
$2,461.5 million. The Senate amendment would authorize $2,471.9
million. The conferees recommended an authorization of $2,414.8
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Submarine navigation sets
The budget request included $4.1 million for the
electrically suspended gyro navigator (ESGN), the navigation
system currently installed on Navy submarines. It also included
$17.7 million for other navigation equipment.
The House bill would reduce ESGN funding by $4.1 million
and increase funding for other navigation equipment by $10.0
million to purchase and install MK-49 ring laser gyro (RLG)
navigators on Navy submarines.
The Senate amendment would reduce ESGN funding by $2.5
million, the amount budgeted for ESGN reliability
modifications. It would also increase funding for other
navigation equipment by $10.0 million to purchase and install
MK-49 RLG navigators on Navy submarines.
The Senate recedes.
AN/BPS-16 submarine radar
The budget request included $0.5 million for ship radar
support .
The House bill would add $9.0 million for procurement of
AN/BPS-16 submarine radar systems because of a concern about
the reliability and operational suitability of the existing AN/
BPS-15 submarine navigation radar.
The Senate amendment would authorize the budget request.
The conferees are aware that there is a commercial off-
the-shelf (COTS) variant of the AN/BPS-16 that could be
procured and installed at a substantially lower cost than the
AN/BPS-16 built to military specifications. The conferees are
also aware that the reliability and maintenance challenges
associated with the existing AN/BPS-15 have induced many Navy
submarine crews to procure inexpensive commercial navigation
radars with limited capability.
Based on these considerations, the conferees agree to
authorize an increase of $9.0 million for the procurement and
installation of AN/BPS-16 submarine radar sets. The conferees
encourage the Navy to take advantage of the new COTS variant of
the AN/BPS-16 to achieve the maximum benefit from this
additional funding.
Afloat planning system
The conferees have fully supported the Tomahawk cruise
missile program and the associated support systems necessary
for employment of Tomahawk for precision strike missions. The
conferees note that the Tomahawk afloat planning system (APS)
complements the Tomahawk mission planning system, located at
the shore-based mission planning centers, and provides afloat
battle group and battle force commanders or deployed joint
staffs with an organic capability to plan for the tactical
employment of the conventional Tomahawk land attack missile
(TLAM). APS is also an integral part of the Joint Service
Imagery Processing System--Navy (JSIPS-N) and Challenge Athena
systems. These systems support Tomahawk strike planning, but
can also provide mission planning support for other precision
guided munitions.
The conferees encourage the Department of Defense to:
(1) continue support and funding for APS; and
(2) consider extending APS's targeting and mission
planning capabilities to other tactical command
echelons, in order to meet the expanding requirement
for tactical utilization of the Tomahawk system and
improve its responsiveness to the demands of land
battle.
Overview
The budget request for fiscal year 1996 contained an
authorization of $474.1 million for Marine Corps Procurement,
Navy in the Department of Defense. The House bill would
authorize $399.2 million. The Senate amendment would authorize
$683.4 million. The conferees recommended an authorization of
$458.9 million. Unless noted explicitly in the statement of
managers, all changes are made without prejudice.
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Commander's Tactical Terminal
The budget request included no funding for USMC
procurement of Commander's Tactical Terminal (CTT) radios.
Neither the House bill nor the Senate amendment
authorized additional funding for CTT radios.
The conferees note that the Department's integrated
(intelligence) broadcast service plan included migration to an
interoperable family of transceivers known as the Joint
Tactical Terminal. The conferees have been informed that Marine
Corps procurement of CTTs will play a vital role in this plan,
and therefore authorize an increase of $12.5 million for this
purpose.
Marine Corps intelligence support equipment
The budget request included no funding for Marine Corps
procurement of Joint Surveillance and Target Attack Radar
System (JSTARS) ground support module.
Neither the House bill nor the Senate amendment included
additional funds for this purpose.
The conferees believe the Marine Corps should have more
responsibility over its own procurement actions, and therefore
agree to authorize an increase of $16.5 million for Marine
procurement of two JSTARS ground support modules.
Light reconnaissance/strike vehicles
The budget request did not include funds for procurement
of any light reconnaissance/strike vehicles (LRV/LSV).
The House bill would add $2.0 million to buy LRVs for the
Marine Corps and $6.0 million to buy LSVs for the special
operations forces.
The conferees agree to authorize $6.0 million for LSVs
for the special operations forces.
The conferees understand that the Marine Corps has
completed a mission needs statement (MNS) for an LRV. The MNS
calls for fielding an LRV with the Fleet Marine Forces by
fiscal year 1995. However, the Marine Corps has neither
established a formal requirement nor budgeted any resources
against a possible requirement.
Therefore, the conferees direct the Secretary of the Navy
to report to the congressional defense committees on whether
the Marine Corps will translate the MNS into an operational
requirement and the risks the Fleet Marine Force will incur if
an LRV is not procured. The conferees expect the Secretary to
submit this report by February 28, 1996.
Overview
The budget request for fiscal year 1996 contained an
authorization of $6,183.9 million for Aircraft Procurement, Air
Force in the Department of Defense. The House bill would
authorize $7,032.0 million. The Senate amendment would
authorize $6,318.6 million. The conferees recommended an
authorization of $7,349.8 million. Unless noted explicitly in
the statement of managers, all changes are made without
prejudice.
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Air Force fighter aircraft data link
The budget request included $79.5 million for F-15
modifications.
The House bill would authorize the requested amount based
on assurances from the Department of Defense that Air Force
efforts to procure a tactical information data link for a
portion of the F-15 fleet would be conducted within the scope
of the Department's multifunction information distribution
system (MIDS) program.
The Senate amendment would authorize the budget request.
The Senate report (S. Rept. 104-112) expressed support for the
Air Force's efforts to equip its fighter aircraft with ``Link
16'' data link capability, but questioned the Air Force's
decision to pursue this capability for only a portion of the F-
15 fleet. The Senate report also recommended that the
Department continue MIDS acquisition and stated that it would
not support any Air Force effort to start a new program,
redundant to MIDS, to meet similar requirements.
The conferees note that the Under Secretary of Defense
for Acquisition and Technology has terminated the F-15 data
link procurement and that the Air Force now intends to pursue a
MIDS variant data link to meet its requirements. The Department
has informed the conferees that this program is to be a
competitive solicitation that will require adherence to the
MIDS architecture, MIDS software modularity, MIDS hardware
modulatory as a design objective, and, for the F-15, reduced
hardware and software functionality to reduce costs.
The conferees agree to authorize $78.3 million for F-15
modifications. The conferees direct the Under Secretary of
Defense for Acquisition and Technology to ensure that the
Department uses a competitive acquisition strategy for fighter
data link procurement. The strategy should promote full
opportunity for U.S. companies to compete within the
competitive solicitation outlined by the Under Secretary.
Defense support program procurement
The budget request included $102.9 million for Defense
Support Program (DSP) procurement.
The Senate amendment would authorize $67.0 million, a
reduction of $35.9 million to the budget request.
The House bill would authorize the budget request.
The House recedes. The conferees are aware that $35.9
million in fiscal year 1995 funds are excess and subject to
consideration for reprogramming for non-DSP purposes.
Therefore, the conferees agree to reduce the fiscal year 1996
DSP procurement budget by $35.9 million, leaving $67.0 million.
The conferees direct the Air Force to use the excess fiscal
year 1995 funds currently identified as a source on the fiscal
year 1995 omnibus reprogramming request to fulfill fiscal year
1996 DSP requirements. Given that the fiscal year 1995 DSP
procurement source has been denied as part of this year's
omnibus reprogramming, the conferees direct that the full
amount be restored to DSP.
RC-135 re-engining
The budget request included no funding for the Defense
Airborne Reconnaissance Program (DARP) modifications line (P-
1), line 57) in the Aircraft Procurement Air Force account.
The House bill would authorize an increase of $37.0
million for modification of an existing C-135 aircraft to the
RC-135 RIVET JOINT configuration.
The Senate amendment would authorize an increase of $48.0
million for re-engining of two existing RIVET JOINT aircraft.
The Senate amendment would also authorize an increase of $31.5
million in PE 64268F for non-recurring integration activity to
facilitate an affordable program for converting two retired EC-
135 aircraft to the RIVET JOINT configuration.
engines and installation
The conferees concur with the cost effectiveness and
increase in operational effectiveness that could be provided by
re-engining the existing fleet of RIVET JOINT aircraft and
agree to authorize an increase of $48.0 million to procure and
install re-engining kits for two existing RIVET JOINT aircraft.
The conferees note that the theater Commanders-in-Chief
(CINCs) have addressed additional RIVET JOINT aircraft as one
of their highest intelligence priorities. The need for
additional RIVET JOINT aircraft is further reinforced by the
extremely high operational tempo currently experienced by this
reconnaissance asset. The conferees support the theater CINCs'
requirements for additional RIVET JOINT aircraft and strongly
urge the Department to seek reprogramming authority to modify
other existing C-135 assets to the RC-135 configuration.
sr-71
The conferees agree to provide an additional $5.0 million
for costs associated with the refurbishment of SR-71 aircraft.
engine component improvement program
The conferees agree to authority $133.2 million for the
engine component improvement program, an increase of $29.5
million, consisting of two adjustments: (1) an additional $31.5
million for the integration activity described in the Senate
report (S. Rept. 104-112); and (2) a reduction of the $2.0
million requested for the B-2 engine.
Overview
The budget request for fiscal year 1996 contained an
authorization of $3,647.7 million for Missile Procurement, Air
Force in the Department of Defense. The House bill would
authorize $3,430.1 million. The Senate amendment would
authorize $3,627.5 million. The conferees recommended an
authorization of $2,938.9 million. Unless noted explicitly in
the statement of managers, all changes are made without
prejudice.
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Overview
The budget request for fiscal year 1996 contained an
authorization of $0 million for Ammunition Procurement, Air
Force in the Department of Defense. The House bill would
authorize $321.3 million. The Senate amendment would authorize
$0 million. The conferees recommended an authorization of
$343.8 million. Unless noted explicitly in the statement of
managers, all changes are made without prejudice.
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Overview
The budget request for fiscal year 1996 contained an
authorization of $6,804.7 million for Other Procurement, Air
Force in the Department of Defense. The House bill would
authorize $6,784.8 million. The Senate amendment would
authorize $6,516.0 million. The conferees recommended an
authorization of $6,268.4 million. Unless noted explicitly in
the statement of managers, all changes are made without
prejudice.
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Overview
The budget request for fiscal year 1996 contained an
authorization of $2,179.9 million for Defense-wide Procurement
in the Department of Defense. The House bill would authorize
$2,205.9 million. The Senate amendment would authorize $2,118.3
million. The conferees recommended an authorization of $2,124.4
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
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Defense airborne reconnaissance program procurement
The budget request included $179.3 million in procurement
for the Defense airborne reconnaissance program (DARP).
The House bill would approve the budget request.
The Senate amendment would increase the requested amount
by $4.5 million, and would direct the Department to change the
priorities of some program elements. The conferees agree to an
authorization of $161.6 million, a reduction of $17.7 million
from the budget request.
joint tactical uav
The conferees agree to authorize a total of $42.4 million
for the joint tactical UAV (JT-UAV), a reduction of $17.7
million from the budget request.
The conferees are particularly concerned about the
continuing problems with the Hunter UAV in the JT-UAV program.
Therefore, the conferees direct that none of the funds
appropriated for fiscal year 1996 be used to procure production
Hunter systems or additional low-rate initial production units,
beyond those already ordered, until the Secretary of Defense
provides to the Congressional defense committees the results of
the Defense Acquisition Board (DAB) review of the Hunter
program.
pioneer uav
Of the funds authorized and appropriated for defense-wide
procurement, Defense Airborne Reconnaissance Programs (DARP),
the conferees direct that the Department use $4.5 million to
equip nine Pioneer UAV systems with the common automatic
landing and recovery system (CARLS).
The conferees note the Department's continuing failure to
equip UAVs with the CARLS system. The conferees are concerned
with this result, particularly since the Department agrees that
CARLS installation on UAVs in general, and Pioneer in
particular, would reduce landing accidents and associated
losses.
Automated document conversion system
The budget request did not include any additional funds
for the automated document conversion system (ADCS). This is a
program for converting the Department of Defense's engineering
drawings from hard copy to electronic format.
The House bill would authorize $20.0 million for this
purpose.
The Senate amendment would approve the budget request.
The conferees are concerned with the lack of progress by
the Department toward achieving major cost savings through the
adoption of automated document conversion technology. The
conferees are encouraged, however, that the Department has
recently acknowledged such savings and has produced a roadmap
to realize these savings by changing from raster to vector
conversion. The conferees also understand this plan brings an
upgrade and expansion of UNIX-based systems and will test
several personal computer (PC)-based systems.
However, the conferees are concerned with the
Department's plan for using $10.0 million of these funds for
``bulk'' conversion purposes, since these funds were
specifically appropriated for the purchase of ADCS equipment.
the conferees are concerned that there may be a greater
requirement for ADCS software and equipment than the Department
currently has planned and that some or all of the funds planned
for bulk conversion may be needed for software and equipment.
Should the results of the Department's ongoing conversion
survey confirm that additional software and equipment is
needed, the conferees feel that the Department should address
first the needs of UNIX-based engineering systems as the UNIX-
based system has undergone extensive testing per Congressional
direction. The conferees direct that the Secretary of Defense
provide a report to the congressional defense committees by
March 29, 1996, on the results of the PC-based system testing.
Overview
The budget request for fiscal year 1996 contained no
authorization for National Guard and Reserve Procurement in the
Department of Defense. The House bill would authorize $770.0
million. The Senate amendment would authorize $777.4 million.
The conferees recommended an authorization of $777.0 million.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
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Overview
The budget request for fiscal year 1996 contained an
authorization of $746.7 million for Chemical Agent and
Munitions Destruction, Army in the Department of Defense. The
House bill would authorize $746.7 million. The Senate amendment
would authorize $671.7 million. The conferees recommended an
authorization of $672.3 million. Unless noted explicitly in the
statement of managers, all changes are made without prejudice.
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items of special interest
Aerial targets
The budget request included $68.6 million for aerial
targets.
The House bill and the Senate amendment authorized the
request.
The conferees understand the Navy's current acquisition
strategy for subscale subsonic aerial targets is to procure
only the BQM-74E. However, the conferees understand the
contractor may have taken some recent cost reduction
initiatives on the BQM-34S subscale target. Therefore, the
conferees believe that the Navy's non-competitive procurement
of the BQM-74E may not provide the service with the best value
target. Accordingly, the conferees urge the Navy to reassess
its acquisition strategy for this target and conduct a
competition based upon meeting a performance specification. The
conferees believe that such a competition could result in
buying a target that truly represents the best value to the
Navy.
AN/ALE-47
The conferees are concerned that the current Air Force
acquisition strategy for the follow-on production of lots IV
through VII of the AN/ALE-47 Countermeasure Dispenser System
may involve significant and unnecessary risks for the program.
The conferees direct the Air Force to delay any procurement
action regarding lots IV through VIII of the AN/ALE-47 until 14
days after the date on which the Air Force has provided the
congressional defense committees with a report that assesses
the cost and acquisition strategy related to the introduction
of new suppliers for the system.
Engineer construction equipment
The conferees are aware of the significant contribution
National Guard engineer construction units have made to
securing the southwest border. The construction efforts of the
National Guard have been of singular assistance in providing
for increased safety for U.S. Border Patrol agents and in
facilitating the U.S. Border Patrol efforts to counter illegal
drugs and illegal immigration along the southwest border. The
conferees agree that sufficient funds should be allocated by
the National Guard to purchase appropriate loaders, dozers, and
road-grading equipment for use by National Guard engineer
construction units that rotate to continue construction on
projects along the United States-Mexican border.
The conferees have indicated elsewhere in this statement
of managers, that the Department of Defense should, through
normal reprogramming procedures, use available funds provided
for counterdrug activities to continue construction to extend
the fence constructed by the National Guard on the southwest
border.
LPD-17 radio communications systems engineering support
The conferees note that, as a result of the base
realignment and closure decisions, the Navy has reorganized and
consolidated its radio communications systems (RCS)
engineering, production, testing, integration, and training
support activities. In assigning RCS engineering support
workload for the LPD-17 class of ships, the conferees expect
that the Navy will assign such workload to the most appropriate
facility.
SH-60 modifications
The conferees understand that there are at least 60 AN/
AQS-13F dipping sonars currently installed in the Navy's SH-60F
helicopters that will not be replaced under the SH-60R program.
These sonars could be upgraded to meet current shallow water
operational requirements based on a modification already
developed through the FMS program.
The conferees direct the Secretary of the Navy to
evaluate the cost effectiveness of a modification program for
the AQS-13F dipping sonars that will not be replaced in
conjunction with the SH-60R program, and report the results to
the congressional defense committees by March 15, 1996.
legislative provisions
legislative provisions adopted
Subtitle A--Authorization of Appropriations
Subtitle B--Army Programs
Procurement of OH-58D Armed Kiowa Warrior helicopters (sec. 111)
The House bill contained a provision (sec. 111) that
would modify current law to permit procurement of twenty
additional OH-58D AHIP scout helicopters.
The Senate amendment contained an identical provision
(sec. 122).
The conferees understand that the procurement of twenty
additional OH-58D Armed Kiowa Warrior helicopters will cost up
to $140.0 million and agree to amend the provision to authorize
$140.0 million to procure these helicopters.
Repeal of requirements for armored vehicle upgrades (sec. 112)
The House bill contained a provision (sec. 112) that
would repeal subsection (j) of section 21 of the Arms Export
Control Act (22 U.S.C. 2761).
The Senate amendment contained no similar provision.
The Senate recedes.
Multiyear procurement of helicopters (sec. 113)
The budget request included $354.0 million to buy 18 AH-
64D aircraft and 13 Longbow fire control radars.
The House bill would authorize the budget request.
The Senate amendment contained a provision (sec. 111)
that would authorize an increase of $82.0 million and the
multiyear procurement of Longbow Apache helicopters.
The House recedes with an amendment.
The conferees agree to authorize an increase of $76.2
million for the Longbow Apache attack helicopter program and
multiyear procurement contracts for both the AH-64D Longbow
Apache attack helicopter program and the UH-60 Black Hawk
utility helicopter program.
Report on AH-64D engine upgrades (sec. 114)
The Senate amendment contained a provision (sec. 114)
that would require the Secretary of the Army to submit a report
to Congress on plans to procure T700-701C engine upgrade kits
for Army AH-64D helicopters.
The House bill contained no similar provision.
The House recedes.
Requirement for use of previously authorized multiyear procurement
authority for Army small arms procurement (sec. 115)
The budget request did not include any funds for
procurement of small arms.
The House bill and the Senate amendment would authorize
funds for the following small arms programs as indicated below:
------------------------------------------------------------------------
House Senate
------------------------------------------------------------------------
M-16 rifle............................................ $13.5 $13.5
M4 carbine............................................ 6.5 13.5
M9 personal defense weapon............................ 2.0 4.0
M249 squad automatic weapon........................... 28.5 28.5
MK-19 grenade launcher................................ 20.0 33.9
Medium machine gun (mod kits)......................... 6.5 6.5
------------------------------------------------------------------------
The conferees agree to provide funds for small arms
programs as indicated below:
------------------------------------------------------------------------
Dollars
(millions) Quantity
------------------------------------------------------------------------
M-16 rifle........................................ $13.5 27,500
M4 carbine........................................ 6.5 12,000
M9 personal defense weapon........................ 2.0 4,660
M249 squad automatic weapon....................... 28.5 10,265
MK-19 grenade launcher............................ 33.9 2,100
Medium machine gun (mod kits)..................... 6.5 1,434
------------------------------------------------------------------------
The conferees express their concern that the Army did not
include funds for small arms programs in the fiscal year 1996
budget request, despite specific direction regarding multiyear
procurement for small arms included in the Statement of
Managers accompanying the National Defense Authorization Act
for Fiscal Year 1995 (S. Rept. 103-701). The conferees expect
the Secretary of the Army to comply with both the letter and
intent of the law in this regard. The conferees further expect
the Secretary of the Army to ensure that small arms programs
are funded at levels approximating those in this report until
requirements for each separate class of small arms are fully
achieved and that appropriate multiyear contracts are executed.
The conferees include a provision (sec. 116) that would direct
the Secretary of the Army to enter into multiyear procurement
contracts during fiscal year 1997, in accordance with section
115(b)(2) of the National Defense Authorization Act for Fiscal
Year 1995.
Subtitle C--Navy Programs
Nuclear attack submarines (sec. 131)
The budget request reflected a policy, adopted by the
Department of Defense as a consequence of its Bottom Up Review,
that would cause all future nuclear submarines to be
constructed by General Dynamics Electric Boat Division
(Electric Boat). The budget request included the following
funding for submarine construction programs:
(1) $1.5 billion for SSN-23, the final increment
required for full funding of this Seawolf class
submarine;
(2) $704.5 million advance procurement for the
first of a new class of nuclear attack submarines,
designated as the new attack submarine (NAS), whose
construction would begin in fiscal year 1998; and
(3) a total of $455.4 million for research,
development, test, and evaluation for the NAS program.
The House report (H. Rept. 104-131) reflected the view
that changes in the Navy's plan for acquisition of nuclear
attack submarines should be made to incorporate advanced
technologies into these submarines' designs. These
recommendations were based on an underlying premise that the
Navy's NAS program would not provide an adequate technological
advantage over foreign submarines presently under construction
or in design. The House bill would:
(1) not authorize SSN-23;
(2) authorize $550.0 million for Electric Boat to
design, build, and incorporate a hull section into SSN-
22 to create a lengthened, expanded capability variant
of the basic Seawolf design, while retaining its full
weapons load;
(3) authorize $704.5 million advance procurement
for the fiscal year 1998 submarine that would be built
by Electric Boat;
(4) authorize $300.0 million for Electric Boat to
design and build a second hull section that would be
incorporated into a fiscal year 1998 submarine, and
convert that submarine from the lead ship of a serial-
production class, based on the current NAS design, into
an additional, one-of-a-kind, expanded capability
platform that would be derived from the current NAS
design;
(5) directs that $10.0 million of the funds in the
budget request for NAS detailed design work be used
only for establishing and maintaining a cadre of
Newport News submarine designers at Electric Boat and
for transfer of all submarine designers at Electric
Boat's design data base to Newport News;
(6) authorize $150.0 million to begin an effort at
Newport News to design, develop, and build prototype
versions of major submarine components that would
result in a follow-on submarine design for serial
production that represents a substantial improvement in
affordability and capability over the current NAS
design;
(7) direct the Advanced Research Projects Agency
(ARPA) and the national laboratories to make new
technologies available to both Electric Boat and
Newport News that show potential for achieving a
follow-on submarine design for serial production that
represents a substantial improvement over the current
NAS design; and
(8) include a provision (sec. 133) that would
direct the Secretary of the navy to award, on a
competitive basis, contracts for attack submarines
built after the fiscal year 1998 submarine.
The Senate amendment reflected an alternate view on how
to acquire nuclear attack submarines. It contained a provision
(sec. 121) that would:
(1) authorize the SSN-23 at $1.5 billion, the
budget request;
(2) limit the ability of the Secretary of the Navy
to obligate or expend funds for SSN-23 until he
restructures the NAS program to provide for:
(a) procurement of the lead NAS from
Electric Boat in fiscal year 1998;
(b) procurement of the second NAS from
Newport News Shipbuilding and Drydock (Newport
News) in fiscal year 1999; and
(c) competitive procurement of any
additional NAS vessels after the second.
Potential competitors for these additional
vessels would be contractors that have been
awarded a contract by the Secretary of the Navy
for construction of nuclear attack submarines
during the past 10 years;
(3) place additional limits on the total amount of
funds that may be expended for SSN-23 in fiscal years
1996, 1997, 1998, and 1999;
(4) direct the Secretary of the Navy to solicit
competitive proposals and award the contract or
contracts for NAS, after the second NAS, on the basis
of price;
(5) direct the Secretary of the Navy to take no
action that would impair the design, engineering,
construction, and maintenance competencies of either
Electric Boat or Newport News to construct the NAS;
(6) direct the Secretary of the Navy to report
every six months to the Committee on Armed Services of
the Senate and the Committee on National Security of
the House the obligation and expenditure of funds for
SSN-23 and the NAS;
(7) authorize $814.5 million in fiscal year 1996
for design and advance procurement of the lead and
second NAS, of which $10.0 million would be available
only for participation of Newport News in the NAS
design, and $100.0 million would be available only for
advance procurement and design of the second submarine
under the NAS program;
(8) place limits on the expenditure of advance
procurement funds in fiscal year 1996 for the lead NAS,
unless funds are also obligated or expended for the
second NAS;
(9) authorized $802.0 million in fiscal year 1997
for advance procurement of the lead and second NAS, of
which $75.0 million would be available only for
participation by Newport News in the design of the NAS,
and $427.0 million would be available only for advance
procurement and design of the second submarine under
the NAS program; and
(10) authorized $455.4 million, the budget request,
for research, development, test, and evaluation for the
NAS program.
The conferees agree to adopt a new provision dealing with
the design and procurement of future Navy attack submarines.
This provision would:
(1) authorize the SSN-23 at $700.0 million;
(2) authorize $804.5 million in fiscal year 1996
for design and advance procurement of the fiscal year
1998 and fiscal year 1999 submarines (previously
designated by the Navy as the NAS), of which;
(a) $704.5 million would be available only
for long-lead and advance construction and
procurement for the fiscal year 1998 submarine,
which would be built by Electric Boat; and
(b) $100.0 million would be available only
for long-lead and advance construction and
procurement for the fiscal year 1999 submarine,
which would be built by Newport News;
(3) authorize $10.0 million only for participation
of Newport News in the design of the submarine
previously designated by the Navy as the NAS;
(4) establish a special bipartisan congressional
panel that would be briefed, at least annually, by the
Secretary of the Navy on the status of the submarine
modernization program and submarine-related research
and development;
(5) direct the Secretary of Defense, not later than
March 15, 1996, to accomplish the following:
(a) develop and submit a detailed plan for
development of a program that will lead to
production of more capable, less expensive
submarines than the submarine previously
designated as the NAS;
(b) ensure the plan includes a program for
the design, development, and procurement of
four nuclear attack submarines that would be
procured during fiscal years 1998 through 2001
with each successive submarine being more
capable and more affordable;
(c) structure the program so that:
(i) one of the four submarines
would be constructed with funds
appropriated for each fiscal year from
fiscal year 1998 through fiscal year
2001;
(ii) to ensure flexibility for
innovation, the fiscal year 1998 and
the fiscal year 2000 submarines would
be constructed by Electric Boat and the
fiscal year 1999 and the fiscal year
2001 submarines would be constructed by
Newport News;
(iii) the design previously
designated as the NAS would be used as
the base design by both contractors:
(iv) each contractor would be
called on to propose improvements,
including design improvements, for each
successive submarine so that each of
them would be more capable, more
affordable, and their design would lead
to a design for a future class of
nuclear attack submarines that would
possess the latest, best, and most
affordable technology; and
(v) the fifth and subsequent
nuclear attack submarines, proposed for
construction after SSN-23, would be
procured after a competition based on
price;
(d) the Secretary of Defense's plan would
also:
(i) set forth a program to
accomplish the design, development, and
construction of the four submarines
that would take maximum advantage of a
streamlined acquisition process;
(ii) culminate in selection of a
design for a next submarine for serial
production not earlier than fiscal year
2003 with procurement to occur after a
competition based on price;
(iii) identify advanced
technologies that are in various phases
of research and development, as well as
those that are commercially available
off-the-shelf, that are candidates for
incorporation into the plan to design,
develop, and procure the submarines;
(iv) designate the fifth submarine
procured after SSN-23 to be the lead
ship in a next generation submarine
class, unless the Secretary of the
Navy, in consultation with the special
congressional submarine review panel,
determines that more submarines should
be built before the design of a new
class of submarines is fixed, in which
case the fifth and each successive
submarine would be procured after a
competition based on price; and
(v) identify the impact of the
submarine program on the remainder of
the Navy's shipbuilding account;
(6) impose certain limits on the amounts that can
be obligated and expended on the SSN-23 and the fiscal
year 1998 and 1999 submarines until:
(a) the Secretary of the Navy has certified
in writing to the Committee on Armed Services
of the Senate and the Committee on National
Security of the House that procurement of
future nuclear attack submarines, except as
stipulated elsewhere in this provision, would
be accomplished through a competition based on
price; and
(b) the Secretary of Defense, not later
than March 15, 1996, has:
(i) submitted the submarine design
and procurement plan that would be
required by the provision;
(ii) directed the Under Secretary
of Defense (Comptroller) to incorporate
the costs of the submarine design and
procurement plan into the future years
defense program, even if the total cost
of the plan's program exceeds the
President's budget; and
(iii) directed that the Under
Secretary of Defense for Acquisition
and Technology conduct oversight of the
development and improvement of the
nuclear attack submarine program of the
Navy and established reporting
procedures to ensure that officials of
the Department of the Navy, who
exercise management oversight of the
program, report to the Under Secretary
of Defense for Acquisition and
Technology with respect to that
program;
(7) direct the Secretary of Defense to use
streamlined acquisition policies to reduce the cost and
increase the efficiency of the submarine program;
(8) direct the Secretary of Defense to submit to
Congress an annual update of the submarine design and
procurement plan with the submission of the President's
budget, for each of fiscal years 1998 through 2002;
(9) direct that funds authorized for fiscal year
1996 by this provision may not be obligated or expended
during fiscal year 1996 for the fiscal year 1998
submarine unless funds are also obligated and expended
during fiscal year 1996 for the fiscal year 1999
submarine;
(10) authorize the Secretary of the Navy to enter
into contracts with Electric Boat and Newport News, and
suppliers of components during fiscal year 1996 for:
(a) the procurement of long-lead components
for the fiscal year 1998 submarine and the
fiscal year 1999 submarine; and
(b) advance construction of long-lead
components and other components for such
submarines;
(11) authorize that, of the amount provided in
section 201(4) of this Act for ARPA, that $100.0
million would be available only for development and
demonstration of advanced technologies for
incorporation into the submarines constructed as part
of the submarine design and procurement plan specified
under this provision, to include electric drive,
hydrodynamic quieting, ship control automation, solid-
state power electronics, wake reduction technologies,
superconductor technologies, torpedo defense
technologies, advanced control concepts, fuel cell
technologies, and propulsors;
(12) direct that the Director of ARPA shall
implement a rapid prototype acquisition strategy for
both land-based and at-sea subsystem and system
demonstrations of advanced technologies in concert with
Electric Boat and Newport News: and
(13) define potential competitors, for the purposes
of this provision, as those that have been awarded a
contract by the Secretary of the Navy for construction
of nuclear attack submarines during the past 10 years.
Research for advanced submarine technology (sec. 132)
The conferees agree to adopt a new provision that would
direct that, of the amount appropriated for fiscal year 1996
for the national defense sealift fund, $50.0 million would be
available only for the Director of the Advance Research
Projects Agency for advanced submarine technology activities.
Cost limitation for Seawolf submarine program (sec. 133)
The Senate amendment would authorize the third Seawolf
class submarine SSN-23. Consistent with this authorization, the
Senate amendment included a provision (sec. 125) that would
establish a combined cost cap on all three Seawolf submarines
(SSN-21, SSN-22 and SSN-23). This cost cap would be in addition
to a cost cap that Congress imposed on the first two Seawolf
class submarines, SSN-21 and SSN-22, in fiscal year 1995.
The House bill included a provision (sec. 132) that would
repeal the cost cap on SSN-21 and SSN-22.
The conferees agree to adopt a new provision that would:
(1) establish a combined cost cap on the three
Seawolf submarines (SSN-21, SSN-22, and SSN-23); and
(2) repeal the combined cost cap on SSN-21 and SSN-
22 that was imposed by the National Defense
Authorization Act for Fiscal Year 1995.
Repeal of prohibition on backfit of Trident submarines (sec. 134)
The House bill contained a provision (sec. 131) that
would repeal the provision of law that prohibits the backfit of
Trident II (D-5) missiles into Trident I (C-4) missile-carrying
submarines.
The Senate amendment contained an identical provision
(sec. 122).
The conference agreement contains this provision.
The conferees endorse an all D-5 fleet of Trident
submarines. But the conferees also believe that it is premature
to rule out the option of retaining all 18 Trident submarines.
Although the Nuclear Posture Review recommended a force of 14
Trident submarines equipped with the D-5 missile, circumstances
may require the United States to retain a higher number of such
submarines or, alternatively, reduce to a lower level.
Given this uncertainty, the conferees direct the
Secretary of the Navy to take several actions: (1) fully fund
all activities necessary for the backfitting of Trident II
missiles into at least four west coast Trident submarines on
the schedule recommended in the Nuclear Posture Review; and (2)
continue to fund, in the fiscal year 1997 budget and in the
Future Years Defense Program, adequate operational support for
Trident I missiles to ensure the option of retaining all 18
Trident submarines on full operational status, assuming
backfits of the final four submarines with D-5 missiles
following the completion of the first four conversions.
Arleigh Burke class destroyer program (sec. 135)
The Senate amendment contained a provision (sec. 123)
that would:
(1) authorize $650.0 million as the first increment
of split funding for two Arleigh Burke class destroyers
in accordance with a split funding provision (sec. 124)
that was included elsewhere in the Senate amendment;
and
(2) express the sense of Congress that the
Secretary of the Navy should plan for and request the
final increment of funding for the two Arleigh Burke
class destroyers in fiscal year 1997, also in
accordance with the split funding provision (sec. 124)
of the Senate amendment.
The House bill contained no similar provision.
The conferees adopt a new provision that would:
(1) authorize six Arleigh Burke class destroyers;
(2) authorize $2.17 billion, the budget request,
for the construction, including advance procurement,
for Arleigh Burke class destroyers;
(3) authorize the Secretary of the Navy to enter
into contracts in fiscal year 1996 for the construction
of three Arleigh Burke class destroyers;
(4) authorize the Secretary of the Navy to enter
into contracts in fiscal year 1997 for the construction
of three Arleigh Burke class destroyers, subject to the
availability of appropriations for such destroyers;
(5) continue the contract award pattern and
sequence used by the Navy for the procurement of
Arleigh Burke class destroyers in fiscal years 1994 and
1995;
(6) limit the liability of the government for these
vessels to the amounts appropriated for them; and
(7) encourage, subject to a prior notification to
the congressional defense committees, the Secretary of
the Navy to use shipbuilding and conversion savings,
that become excess to the needs of the Navy from other
programs, to fully fund Arleigh Burke class destroyer
contracts entered into under the terms of the
provision.
Acquisition program for crash attenuating seats (sec. 136)
The Senate amendment contained a provision (sec. 126)
that would allow the Secretary of the Navy to establish a
program to procure and install commercially developed, energy
absorbing, crash attenuating seats in H-53E helicopters. The
Senate provision would allow the Secretary to use up to $10.0
million for the program out of unobligated balances in the
Legacy Resource Management Program.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary to establish such a program.
The conferees acknowledge the potential value of crash
attenuating seats for passengers in military helicopters, and
expect the Department to proceed quickly to define the
technical specification and qualification for non-developmental
seats. The conferees further expect the Department to ensure
the acquisition program incorporates full and open competition.
T-39N trainer aircraft (sec. 137)
The budget request did not include funds to purchase the
T-39N aircraft the Department of the Navy now uses to train
naval flight officers. The government leases these aircraft as
part of a service contract. The lessor has offered to sell
these aircraft to the government, rather than continue the
current leasing arrangement.
The House bill and the Senate amendment would support the
budget request.
The Senate report (S. Rept 104-112) would direct the
Secretary of the Navy to provide an analysis of the
contractor's proposal to the Armed Services Committee of the
Senate, so the proposal and the analysis could be reviewed for
possible further action.
The conferees recommend $45.0 million for purchasing T-
39N aircraft, subject to certain conditions. The conferees
believe that the proposal deserves further review before
purchasing these aircraft. The conferees expect the
Department's analysis to answer, at a minimum, the following
questions:
(1) What would be the status of the training program for
which T-39Ns are currently leased?
(2) For what purpose would the Navy spend procurement
funds in fiscal year 1996?
(3) Is funding for this project contained anywhere in the
future years defense program (FYDP)? If there is funding, how
much?
(4) Is there an approved requirement in the Navy for
acquiring this capability? Does this requirement supplant or
supplement the current mission that is being filled by the T-
39N leasing program?
(5) How much funding beyond $45.0 million would be
required to enable the T-39N system to meet future training
requirements? If additional funds are required, how much of the
additional cost is budgeted in the FYDP?
(6) What savings, in terms of both current and constant
dollars, would accrue to the Navy by purchasing aircraft for
this requirement on a non-competitive basis in fiscal year
1996, rather than selecting an aircraft under competitive
procedures when the current lease program expires in fiscal
year 1998? If savings will accrue, are they attributable to
factors other than inflation? Are there savings in life cycle
support costs beyond the initial acquisition costs?
(7) Would additional funding for the project now
interfere with the Navy's opportunity to conduct a competitive
procurement or better define the program's requirements?
(8) Are there other reasons that would prevent executing
the program in fiscal year 1996?
(9) The conferees understand that the T-39N leasing
contract provided for amortizing the full purchase price of the
aircraft over the first five years of the lease. Since the
contractor has already been reimbursed in full for purchase
price, why would it be in the government's interests to pay
more than a nominal amount for aircraft?
The conferees believe that the proposal to buy the
aircraft could have merit; however, the conferees recommend a
provision that would prohibit obligation of these acquisition
funds until 60 days after the Under Secretary of Defense for
Acquisition and Technology has submitted the analysis described
above and has certified to the Armed Services Committee of the
Senate and the National Security Committee of the House of
Representatives that acquisition of the T-39N aircraft is in
the best interest of the government and is the most cost
effective alternative in meeting the requirements for training
naval flight officers.
Pioneer unmanned aerial vehicle program (sec. 138)
The Senate amendment contained a provision (sec. 132)
that would prohibit the Secretary of the Navy from spending
more than one-sixth of the funds appropriated for fiscal year
1996, or any unobligated balances available from previous
years, until the Secretary certifies that funds have been
obligated to equip nine Pioneer Unmanned Aerial Vehicle systems
with the Common Automatic Landing and Recovery System (CARLS).
The House bill contained no similar provision.
The House recedes.
Subtitle D--Air Force Programs
Repeal of limitations (secs. 141 and 142)
The budget request included $279.9 million for B-2
procurement and $623.6 million for B-2 research and development
for a B-2 program consisting of twenty aircraft. The House bill
contained a provision (sec. 141) that would repeal limitations
on the B-2 program, and provide an increase of $553 million for
B-2 procurement. The House bill would repeal:
Section 112 of the National Defense Act for Fiscal
Years 1990 and 1991, which requires certification from
the Secretary of Defense that the B-2 is meeting
certain performance criteria.
Section 151(c) of the National Defense
Authorization Act for Fiscal Year 1993, which limits B-
2 procurement to 20 bombers and one test aircraft.
Section 131(c) of the National Defense
Authorization Act for Fiscal Year 1994, which reaffirms
the twenty one aircraft limitation.
Section 131(d) of the National Defense
Authorization Act for Fiscal Year 1994, which limits
the total program costs to $28,968,000,000 in Fiscal
Year 1981 constant dollars.
Section 133(e) of the National Defense
Authorization Act for Fiscal Year 1995, which provides
that none of the $125.0 million authorized and
appropriated for the Enhanced Bomber Capability Fund
may be obligated for advance procurement of new B-2
aircraft (including long lead items).
The Senate amendment contained no additional funds, nor
did it contain any repeal of the limitations provision.
The conferees agree to an amendment that would repeal the
limitations imposed on the scope of the B-2 program, while
retaining requirements for B-2 performance compliance in both
the present authorization and any possible future acquisition
of the aircraft.
The conferees agree to authorize the budget request for
research and development and to increase the authorization for
procurement by $493.0 million. The conferees further agree that
the $493.0 million may not be spent until March 31, 1996.
The conferees believe that the B-2 bomber represents a
major technological advance in strategic bomber capabilities.
However, if a decision were made to acquire additional B-2
bombers, their high cost would result in funding reductions in
the Administration's five year defense program. Therefore, the
Senate conferees believe that the increased authorization of
$493.0 million provided for the B-2 bomber program may be
expended only for procurement of B-2 components, upgrades, and
modifications that would be of value for the existing fleet of
B-2 bombers.
The conferees are concerned over the cost of producing
modern, highly capable, long range bombers, and therefore
strongly urge the Secretary of Defense to: (1) complete the
study called for in section 133(d)(3) of the National Defense
Act of 1995 (Public Law 103-337) for requirements formulation
and conceptual studies for a conventional-conflict-oriented,
lower-cost, next generation bomber; and (2) explore options,
including adoption of streamlined acquisition policies and
procedures, for reducing the costs of producing long-range
bombers. Accordingly, the conferees agree to repeal the
requirements contained in section 133(d)(3), which states that
such a study may be carried out only if the previously-produced
bomber force study found bomber capabilities to be inadequate.
The conferees note that section 133(d) permitted the
Secretary to obligate up to $25.0 million of the $125.0 million
authorized and appropriated in fiscal year 1995 for the
Enhanced Bomber Capability Fund for such a study. The conferees
direct that any remaining unobligated fiscal year 1995 funds
from the $125.0 million made available for B-2 bomber
industrial base preservation and next-generation bomber study
shall promptly be merged with the $493.0 million in additional
B-2 funds authorized in this Act.
In order to compare force capabilities with relative
costs, the conferees urge the Secretary of Defense to provide a
summary and detailed listing of program reductions and
adjustments to the fiscal year 1997 budget request and the
future years' defense program (FYDP) required by the possible
acquisition of additional B-2 bombers. The Secretary should use
the standard cost analysis approach used in the March 1995 Air
Force cost estimate for further B-2 acquisition of one and one-
half and three aircraft per year.
MC-130H Aircraft Program (sec. 143)
The conference agreement includes a new provision that
would amend section 161 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (P.L. 101-189) to enable
obligation of funds for award fee and procurement of contractor
furnished equipment.
The conferees understand that the Air Force desires to
grant an award fee to the MC-130H Combat Talon II development
contractor, but is prohibited from doing so by a provision of
Public Law 101-189. The conferees note that the prohibitive
legislative provision requires the Director of Operational Test
and Evaluation (DOT&E) to certify that the MC-130H Combat Talon
II terrain avoidance radar performs in accordance with
requirements outlined in the test and Evaluation Master Plan
(TEMP) approved by the DOT&E in September 1988. The conferees
have been informed that the aircraft cannot be certified as
having met TEMP criteria because a specific test criterion
referred to in the TEMP has been determined to be unmeasurable.
The conferees agree to include a provision that would
allow the DOT&E to certify to the congressional defense
committees that the MC-130H terrain avoidance radar is
operationally effective in order to release the award fee for
the MC-130H. The conferees direct the DOT&E to report all
unmeasurable test criteria included in the September 1988 TEMP
that have been appropriately corrected.
Subtitle E--Chemical Demilitarization Program
Chemical agents and munitions destruction program (secs. 107, 151-153)
The budget request contained $746.7 million for operation
and maintenance, research and development and procurement, for
the defense chemical agents and munitions destruction program.
The House bill contained a series of provisions (secs.
106, 151-153, and 2407) that would: authorize the budget
request; repeal a legislative requirement to develop a chemical
demilitarization cryofracture facility; express congressional
concern about the cost growth of destroying the unitary
chemical stockpile and express a view that the Secretary of
Defense should consider measures to reduce the overall cost;
direct the Secretary of Defense to conduct a review and
evaluation of issues associated with closure and reuse of the
Department of Defense facilities that are co-located with the
unitary chemical stockpile and demilitarization operations; and
prohibit the obligation or expenditure of fiscal year 1996
funds, prior to March 1, 1996, for the construction of a
chemical munitions incinerator facility at Umatilla Army Depot,
Oregon.
The Senate amendment contained provisions (sec. 107 and
1099C) that would authorize $671.7 million for the chemical
agents and munitions destruction program, and direct the
Department of Defense to review and assess the risk associated
with the transportation of any portion of the unitary chemical
stockpile, such as drained chemical agents or munitions from
one location to another within the continental United States,
and review and evaluate issues associated with closure and
reuse of the Department of Defense facilities that are co-
located with the unitary chemical stockpile and
demilitarization operations. The Senate report (S. Rept. 104-
112) would recommend the use of unobligated fiscal years 1994
and 1995 procurement funds for procurement of equipment at Pine
Bluff, Arkansas and Umatilla, Oregon.
The conferees agree to provisions that would authorize
$672.3 million for the defense chemical agents and munitions
program, to include: $265.0 million for procurement; $353.8
million for operations and maintenance; and $53.4 million for
research and development. The provision would repeal the
legislative requirement to develop a chemical demilitarization
cryofracture facility.
Further, the conferees agree to provisions that would
direct the Secretary of Defense to proceed with the destruction
of the U.S. chemical stockpile using the current baseline
technology. The conferees would also require the Secretary to
ensure that support measures have been provided at each
installation where a chemical agent and munitions
demilitarization facility would be constructed, as required by
the Department of Defense and the Department of Army
regulations, the chemical demilitarization plans, and the Solid
Waste Disposal Act permit. The conferees direct the Secretary
to conduct an assessment of the current chemical
demilitarization program and recommend measures that could
reduce the total cost of the program. The provision would also
direct the Secretary to review and evaluate issues associated
with the closure and reutilization of Department of Defense
facilities co-located with continuing chemical stockpile and
chemical demilitarization operations. The conferees agree to
authorize the use of funds appropriated for the defense
chemical agents and munitions destruction program to support
travel and associated travel costs of Commissioners of the
Citizens' Advisory Commissions, when such travel is conducted
at the invitation of the Assistant Secretary of the Army for
Research, Development and Acquisition. The provision would
modify existing law to permit the appointment of a civilian as
project manager for the chemical agent and munitions
destruction program. The Department would also be required to
provide a quarterly report to Congress on the use of such funds
to pay for the travel and associated travel costs.
COST OF THE CHEMICAL AGENTS AND MUNITIONS DESTRUCTION PROGRAM
The conferees remain concerned about the escalating costs
associated with the chemical agents and munitions destruction
program. The program has grown from its original estimate of
$1.7 billion in 1986 to the current estimated cost of $11.9
billion, with expectations that costs will further increase.
Continued delays in proceeding with the demilitarization and
destruction of the chemical stockpile have added to the overall
increases in the program. The conferees believe that the
program should proceed expeditiously and utilize technology
that minimizes risks to the public and the environment.
The conferees are concerned that continued delays,
related to site operation systemization, environmental permits,
and construction of the demilitarization and destruction
facilities, would increase the overall program costs and risks
to the public and the environment.
Finally, as the Department reviews measures that could be
implemented to reduce the growth of the program costs, the
conferees expect the Secretary to consider the potential for
reconfiguration of the stockpile, as described in the October
19, 1995 letter from the Assistant Secretary of the Army for
Research, Development and Acquisition, and to ensure protection
of the public and environment.
ALTERNATIVE TECHNOLOGIES
The Department of the Army is currently conducting
research and development of chemical neutralization and
biodegradation, in conjunction with neutralization, for use at
the bulk-only storage sites. The conferees believe there is
potential for the implementation of these processes at future
demilitarization and destruction sites, which could reduce the
requirement for a liquid incinerator. The conferees support the
National Research Council's (NRC's) recommendation that the
Army continues its current baseline incineration program until
such time as the evaluation of these alternative technologies
is concluded.
If the evaluation of the alternative technologies
research and development program proves successful, the
conferees would support inclusion of this process into the
baseline process. In conducting the chemical demilitarization
and destruction program and assessing measures to significantly
reduce program costs, the conferees expect the Department to
consider a wide range of alternatives to the current baseline
incineration program, to include the use of alternative
technologies.
Additionally, the conferees expect the Secretary's
assessment of the current chemical demilitarization program and
measures to reduce the overall cost of the program, to include
a risk analysis specific to each chemical stockpile storage and
demilitarization site, the results of the stockpile
surveillance and stability analysis related to the physical and
chemical integrity of the stockpile, and the potential
reconfiguration of the chemical stockpile. In making such an
assessment, the Secretary shall ensure the maximum protection
of the environment, the general public, and the personnel
involved in the destruction of the chemical stockpile, while
minimizing total program costs. The conferees expect the
assessment to yield potential revisions to the chemical agents
and munitions destruction program that could reduce program
costs and increase public safety.
legislative provisions not adopted
Repeal of limitation on total cost for SSN-21 and SSN-22 Seawolf
submarines
The budget request included $1.5 billion for construction
of the third Seawolf class submarine, SSN-23.
The House bill would not authorize SSN-23. However,
consistent with other actions taken by the House on SSN-22, the
House bill contained a provision (sec. 132) that would
eliminate the existing cost cap on the first two Seawolf class
submarines.
The Senate amendment would authorize SSN-23. It did not
contain a provision that would repeal the cost cap on SSN-21
and SSN-22.
The House recedes.
Competition required for selection of shipyards for construction of
vessels for next generation attack submarine program
The House bill contained a provision (sec. 133) that
would:
(1) require the Secretary of the Navy to select on
a competitive basis the shipyard for construction of
each vessel of the next generation attack submarine
program; and
(2) stipulate that the next generation attack
submarine program shall begin with the first submarine
that is programmed to be constructed after the
submarine that is programmed to be constructed in
fiscal year 1998.
The Senate amendment contained a provision (sec. 121)
that would address competition as an integral part of the
broader issue of current and future nuclear submarine
construction programs.
The House recedes.
The conferees agree to incorporate the issue of
competition for future submarines into a new, more
comprehensive provision dealing with future submarine
development and procurement.
Sonobuoy programs
The budget request included $8.9 million for the
procurement of AN/SSQ-53 sonobuoys and no funding for the
procurement of AN/SSQ-110 sonobuoys.
The House bill contained a provision (sec. 134) that
would:
(1) stipulate that no fiscal year 1996 funds could
be used for procurement of AN/SSQ-53 sonobuoys; and
(2) authorize $8.9 million for AN/SSQ-110
sonobuoys.
While the Senate amendment contained no similar
provision, it did recommend funding adjustments to these two
sonobuoy programs that would accomplish the intent underlying
the House provision.
The conferees agree that the funding adjustment included
in the House provision should be adopted, but do not believe
that a legislative provision to that effect is necessary.
The House recedes.
Split funding for construction of naval vessels and incremental funding
of procurement items
The Senate amendment contained a provision (sec. 124)
that would authorize the Secretary of Defense to employ split
funding for construction of certain naval vessels when
developing the future years defense program. The provision
would permit the Secretary to provide funding for these vessels
over two years, but enter into a contract based on the first
increment of funding. The intent of the provision would be to
provide the Secretary with more flexibility to develop a
uniform and cost effective shipbuilding program.
The House bill contained a provision (sec. 1007) that
would prohibit the use of incremental funding, including split
funding, for:
(1) the procurement of aircraft, missiles, or naval
vessels;
(2) the procurement of tracked combat vehicles;
(3) the procurement of other weapons; and
(4) the procurement of naval torpedoes and related
support equipment.
The House provision would not apply to funding classified
as advance procurement funding.
These provisions were not included in the conference
agreement.
Tier II predator unmanned aerial vehicle program
The Senate amendment contained a provision (sec. 131)
that would prohibit the obligation of funds appropriated or
otherwise made available for the Department of Defense in
fiscal year 1996 for the Tier II Predator Unmanned Aerial
Vehicle.
The House bill contained no similar provision.
The Senate recedes.
Joint primary aircraft training system program
The budget request included $55.0 million for three joint
primary aircraft training system (JPATS) aircraft. At the time
of the budget submission, the Department of Defense (DOD) had
not completed the JPATS competition. This amount was derived
from an estimate of funding required to procure three aircraft
from any of the potential competitors. After source selection,
the Department determined that it could procure eight JPATS
aircraft with the requested funds.
The Senate amendment contained a provision (sec. 133)
that would increase the number of aircraft that the Department
could procure, from three to eight, without changing the amount
of the authorization.
The House bill contained no similar provision.
The Senate recedes.
The conferees agree that the Air Force should buy up to
eight aircraft with authorized funds.
Weapons industrial facilities
The budget request included $13.1 million for naval
weapons industrial facilities.
The Senate amendment included a provision (sec. 391) that
would authorize an increase of $2.0 million in operations and
maintenance accounts for essential safety functions for the
Allegany Ballistics Laboratory.
The House bill contained no similar provision.
The Senate recedes. The conferees agree to provide an
increase of $30.0 million for naval weapons industrial
facilities for continuation of the facility restoration program
at Allegany Ballistics Laboratory.
Title II--Research, Development, Test, and Evaluation
Overview
The budget request for fiscal year 1996 contained an
authorization of $34,331.9 million for Research and Development
in the Department of Defense. The House bill would authorize
$35,934.5 million. The Senate amendment would authorize
$35,959.9 million. The conferees recommended an authorization
of $35,730.4 million. Unless noted explicitly in the statement
of managers, all changes are made without prejudice.
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Overview
The budget request for fiscal year 1996 contained an
authorization of $4,444.2 million for Army, Research and
Development in the Department of Defense. The House bill would
authorize $4,774.9 million. The Senate amendment would
authorize $4,845.1 million. The conferees recommended an
authorization of $4,737.6 million. Unless noted explicitly in
the statement of managers, all changes are made without
prejudice.
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Passive millimeter wave camera
The budget request did not include funds for the passive
millimeter wave camera.
The House bill would add $6.0 million in PE 62120A for
continuation of the program.
The Senate amendment contained no similar provision.
The Senate recedes.
Tractor rose
The budget request included $4.5 million for Tractor
Rose.
The House bill would authorize the requested amount.
The Senate amendment would authorize an additional $13.5
million.
The conferees are aware of recent progress in the
activities related to this program. As a consequence, the
conferees recommend authorization of this project at the level
of funds appropriated in fiscal year 1996. In addition, the
conferees urge the Department of the Army to consider
reprogramming funds below threshold to capitalize on the
potential of this technology.
Electric gun technology
The budget request included $9.0 million for the electric
gun exploratory development program.
The House bill would authorize an additional $6.0 million
in PE 62618A to complete research team data gathering and
assessment in order to refocus the effort on the most promising
technologies.
The conferees agree to authorize an additional $7.0
million for electric gun technology and an additional $1.0
million for the electrothermal chemical gun.
Objective individual combat weapon (OICW)
The budget request included $5.1 million in PE 62623A and
$4.5 million in PE 63607A for continuation of the joint service
small arms program.
The House bill would authorize an additional $2.0 million
in PE 63607A for an advanced technology demonstration of
lightweight, medium caliber, multi-shot, anti-armor weapon
technology for application to a next-generation objective
individual combat weapon system (OICW) for the Army and the
Marines. The House report (H. Rept. 104-131) expressed the
concern that funds requested for the OICW in fiscal year 1996
are insufficient to adequately conduct this advanced technology
program. The House report also encouraged the Secretary of the
Army to examine the current development strategy for the OICW
to support the joint small arms master plan (JSAMP) and to
request reprogramming of funds to carry out the plan.
The Senate amendment would authorize the requested
amount.
The House recedes. The conferees strongly support the
development of advanced technology for advanced individual
weapons systems, as outlined in the JSAMP, and share the
concerns expressed in the House report regarding adequacy of
funding for development of the OICW. The conferees encourage
the Secretary of the Army to request reprogramming of
additional funds to compensate for any fiscal year 1996 funding
shortfalls in the OICW program. The conferees also encourage
the Secretary to include additional funds in the fiscal year
1997 budget request for OICW.
Advanced battery technology
The budget request did not include funding for advanced
batteries.
The House bill would authorize $3.0 million in PE 62705A
for non-metallic lithium and low-cost reusable alkaline
batteries.
The Senate amendment contained no similar provision.
The conferees agree to the House authorization, but agree
to provide only $2.0 million in PE 62705A.
Environmental policy simulation laboratory
The conferees agree that $3.0 million of the funds
appropriated in PE 62720A shall be authorized for the
establishment of an environmental policy simulation lab under
the direction of the Army Environmental Policy Institute. The
conferees further direct the Department of Defense to comply
with the direction contained in the Senate report (S. Rept.
104-112) regarding the establishment of this lab.
Command, control, and communications technology
The budget request included $15.7 million in PE 62782A
for the exploratory development of command, control, and
communications technology.
The House bill would authorize the requested amount.
The Senate amendment would authorize an additional $2.0
million in PE 62782A as part of a general increase to address
underfunding in the Army technology base.
The Senate recedes.
The conferees agree that the Army technology base has
been underfunded in recent years. The conferees urge the Army
leadership and the Office of the Secretary of Defense provide
for balanced funding of the Army technology base program, as
related to other Defense program accounts in the fiscal year
1997 budget request.
Medical advanced technology
The budget request included $11.8 million for medical
advanced technology.
The House bill would include an additional $5.0 million
for continuation of the battlefield tissue replacement program.
The Senate amendment would include an additional $3.0
million for telemedicine.
The conferees agree to authorize an additional $8.0
million for both of these programs and an additional $1.0
million for Army standardized testing of Trichloromelamine
(TCM) in PE 63002A.
Aviation advanced technology
The budget request included $48.6 million for aviation
advanced technology.
The House bill provided an additional authorization of
$6.5 million for evaluation of the Starstreak missile and $10.0
million for tactical mobility technologies and designs,
particularly related to the CH-47.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an additional $4.0
million in PE 63003A for the completion of the phase II air-to-
air test and evaluation for Starstreak during fiscal year 1996
and $4.0 for modernization technologies and improvement designs
for the CH-47D.
The Army is encouraged to provide sufficient funding in
its fiscal year 1997 budget request for completion of the air-
to-air Starstreak evaluation program and continuation of the
CH-47D modernization program.
Weapons and munitions-advanced technology
The budget request included $18.8 million for weapons and
munitions advanced technology.
The House bill would authorize an additional $2.0 million
for the XM 982/155mm projectile development.
The Senate amendment would authorize the request.
The conferees agree to authorize $2.0 million for the XM
982/155mm projectile development, an additional $6.0 million
for the precision guided mortar munition, and an additional
$1.0 million for electrorheological fluid recoil in PE 63004A.
Command, control, and communications-advanced technology
The budget request included $16.9 million in PE 63006A
for advanced development of command, control, and
communications technology.
The House bill would authorize the requested amount.
The Senate amendment would authorize an additional $3.0
million to partially address funding shortfalls in the Army
technology base for fiscal year 1996. The Senate amendment
would also authorize an increase of $4.0 million in PE 63006A
to develop and test wave net technology for possible
application to the Army's digitization initiatives.
The conferees agree to authorize the additional $4.0
million to PE 63006A for development and testing of wave net
technology.
Space applications technology program
The budget request included $16.9 million in PE 63006A
for command, control, and communications advanced technology,
including $498,000 for the Army's space applications technology
program.
Both the House bill and the Senate amendment would
authorize the budget request for the Army's space applications
technology program.
The conferees agree to an additional $5.0 million in PE
63006A for the space applications technology program. The
conferees are aware of the program's success in demonstrating
global positioning system and Wrasse weather data receivers
during Operation Desert Storm/Desert Shield and other space
technology applications, such as, the location of high value
targets using hyperspectral sensing techniques, high data rate
satellite communications on the move, and down link weather
satellite technology. The conferees encourage the Army to
continue support to the program in future budget requests.
Acquired immune deficiency syndrome
The budget request included $2.9 million in PE 63105A.
Both the House bill and the Senate amendment authorized
the requested amount.
The conferees agree to authorize the requested amount and
concur with the Senate report (S. Rept. 104-112) that directed
at least $1.0 million of the authorized amount be used to
continue domestic clinical HIV programs.
Joint precision strike demonstration programs
The budget request included $34.1 million in PE 63238A
for the joint air-land-sea precision strike demonstration
(JPSD) program.
The House bill would direct that the JPSD program be
expanded into a jointly manned program, with participation by
all military services, and would recommend an increase of $4.0
million for this purpose.
The Senate amendment would authorize the requested
amount.
The House recedes. The conferees agree with the views
expressed in the House report (H. Rept. 104-131) on the
progress made by the Army in demonstrating advanced concepts
for attack of time-critical targets. The conferees also agree
with the House report recommendations for increased
participation by the other military services in the JPSD.
Attack of time-critical targets on the battlefield is a joint
issue which requires the coordinated efforts of all the
military services.
Missile and rocket advanced technology
The budget request included $123.9 million in PE 63313A
for missile and rocket advanced technology.
The House bill would reduce the requested amount by $12.1
million by making the following adjustments: adding $2.5
million for low cost autonomous attack submunition (LOCAAS) and
$5.0 million for low-cost guidance development for the multiple
launch rocket system (MLRS); and reducing the amount requested
for the rapid force projection initiative by $19.6 million.
The Senate amendment would increase the requested amount
by $12.0 million, with $5.0 million for LOCAAS and $7.0 million
for low-cost guidance for MLRS.
The conferees agree to authorize a total of $118.9
million in PE 63313A. The conferees agree to reduce the
requested amount by $7.5 million for the Enhanced-Fiber Optic
Guided (E-FOG) missile system, as a result of concerns
expressed in the House report (H. Rept. 104-131), and to add
$2.5 million for LOCAAS within PE 63313A. The conferees would
also increase the requested amount by $2.5 million for LOCAAS
in PE 63601F for the Air Force. The conferees continue to
support low-cost guidance for the MLRS and urge the Army to
reprogram funds for this program in fiscal year 1996 and to
request adequate funds in the fiscal year 1997 budget request.
Landmine warfare and barrier advanced technology
The budget request included $18.8 million for landmine
warfare, and barrier advanced technology.
The House bill would authorize an additional $10.0
million for continuation of the landmine neutralization
program.
The Senate amendment would approve the budget request.
The conferees agree to authorize an increase of $6.0
million for PE 63606A. Of this increase, $3.0 million will be
used for landmine detection and clearance technology
development, and $3.0 million will be used for the accelerated
development and testing of the Ground Penetrating Radar.
Intelligence fusion analysis demonstration
The budget request included $2.9 million in PE 63745A for
the Intelligence Fusion Analysis Demonstration program.
The House bill would authorize an additional $3.0 million
for development and evaluation in Army Warfighter Experiments
and the joint precision strike demonstration program of
advanced large screen, automated graphical displays that would
provide enhanced situational awareness for tactical commanders.
The Senate amendment would authorize the requested
amount.
The Senate recedes.
Aviation advanced development
The budget request contained $8.4 million for aviation
advanced development.
The House bill would authorize an additional $6.0 million
for the common helicopter helmet development in PE 63801A.
The Senate amendment would authorize the budget request.
The Senate recedes.
Comanche helicopter (RAH-66)
The budget request included $199.1 million to continue
development of the Comanche scout/attack helicopter.
The House bill would authorize an increase of $100.0
million for Comanche research and development.
The Senate amendment would authorize an increase of
$174.0 million and require the Department of Defense and the
Department of the Army to develop a plan to provide for
procurement of Comanche helicopters, not later than fiscal year
2001, with initial operating capability by fiscal year 2003.
The Senate recedes.
The conferees agree to authorize an increase of $100.0
million to accelerate development of the electro-optical system
and integrated communication navigation package, and mission
equipment software development for the second aircraft.
Medium truck extended service program
The House bill would authorize an additional $9.4 million
for the Marine Corps medium truck variant.
The Senate amendment would add $10.0 million to PE 64604A
for initiation of a five-ton truck extended service program
(ESP), and $9.4 million to PE 26624M for additional medium
truck variants and development of simulation models and
testing.
The conferees agree to provide $1.5 million in PE 64604A
for the Army's five-ton ESP and $3.5 million for the Marine
Corps in PE 26624M for initiation of a medium tactical vehicle
replacement (MTVR).
The conferees agree with the section of the Senate Report
(S. Rept. 104-112) that deals with the medium tactical truck
extended service program, including the requirements for a
report from the Secretary of the Army on the medium truck ESP.
As the manager of tactical vehicles for the Department of
Defense, the conferees expect the Army to manage the Army five-
ton truck ESP and the Marine Corps MTVR program and ensure that
Air Force and Navy requirements are included in executing the
Army ESP. The conferees expect the Army to take maximum
advantage of medium truck ESP currently underway, to minimize
additional procurements to avoid industrial overcapacity, and
to give consideration to reliable manufacturers that have
demonstrated capabilities to produce military trucks.
Heavy tactical vehicles
The House bill would provide an increase of $2.75 million
in PE 64622A, $1.9 million for water heater/chiller development
for the Army's water tank semitrailer, and $.85 million for a
palletized loading system technology demonstration.
The Senate amendment would provide an increase of $1.9
million in PE 64622A for water heater/chiller development for
the Army's water tank semitrailer.
The Senate recedes.
High mobility multipurpose wheeled vehicle extended service program
The Senate amendment would include an increase of $5.0
million in PE 64642A to initiate an extended service program
(ESP) for the high mobility multipurpose wheeled vehicle
(HMMWV).
The conferees recognize that the HMMWV fleet is reaching
age and mileage levels leading to increased maintenance and
operating costs and lower reliability. The conferees agree to
provide an increase of $2.0 million for initiation and
prototype development for HMMWV ESP.
The conferees direct the Secretary of the Army to submit,
with the fiscal year 1997 budget request, a report to the
congressional defense committees that describes a program to
develop and test prototypes, and to initiate a joint program to
remanufacture HMMWV's for the Army and the Marine Corps,
harmonizing their requirements for ESP. The conferees further
direct the Secretary of the Army and the Secretary of the Navy
to ensure this program is fully funded in future budgets.
Automated test equipment development
The budget request included $5.4 million for automated
test equipment development.
The House bill would authorize an additional $10.0
million in PE 64746A for the integrated family of test
equipment.
The Senate amendment contained no similar provision.
The Senate recedes.
Joint surveillance target attack radar system
The budget request included $18.8 million for the Army
and $169.7 million for the Air Force for the Joint Surveillance
Target Attack Radar System (JSTARS).
The House bill would authorize an increase in the Air
Force requested amount, $14.0 million to establish a NATO
program office and $20.0 million for development of an improved
data modem and satellite communications capability.
The Senate amendment would authorize no additional
funding for these programs.
The conferees agree to authorize an additional $9.5
million in PE 64770A for the Army Ground Station Module, in
support of the NATO Alliance Ground Surveillance program, and
an additional $24.5 million in PE 64770F, with $4.5 million for
the Air Force portion of the JSTARS NATO Alliance Ground
Surveillance program and $20.0 million for development of an
improved data modem and satellite communications capability.
Weapons and munitions-engineering development
The budget request included $15.9 million for weapons and
munitions-engineering development.
The House bill would authorize an additional $2.7 million
for type classification of a soft mount for the MK-19 and $1.6
million for the 120mm practice cartridge XM-931 training round.
The Senate amendment would authorize $0.5 million for
type classification of a non-developmental universal mounting
bracket for the MK-19 grenade machine gun.
The conferees agree to authorize $0.5 million for the
type classification of the MK-19 mounting bracket and $1.6
million for the 120mm practice cartridge in PE 64802A.
Battlefield combat identification system (BCIS)
The conferees are disappointed with the fiscal
constraints that precluded full funding of the administration's
$30.5 million request for non-cooperative target recognition
(PE 64817A), particularly in relation to the battlefield combat
identification system (BCIS). Fratricide on the battlefield is
of great concern to our fighting forces, and BCIS is expected
to significantly enhance the Army's ability to deal with this
critical issue. The system has performed extremely well in Army
testing to date, and the program enjoys widespread support,
both within the military services and the warfighting
Commanders-in-Chief. The conferees encourage the Secretary of
the Army to aggressively pursue the program, and would
entertain a reprogramming request to fund additional BCIS units
or accelerated BCIS development.
Joint warfighter interoperability demonstration
The budget request included $46.5 million in PE 65712A
for support of Army operational testing.
The House bill would recommend an additional $1.5 million
for support of a joint warfighter interoperability
demonstration, one of the key fiscal year 1996 funding
shortfalls identified during evaluation of the Department of
the Army budget request.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an additional $1.5
million in PE 23758A for support of the joint warfighting
interoperability demonstration, as recommended in the House
bill.
Missile/air defense product improvement
The budget request included $17.1 million for the
missile/air defense product improvement program element.
The House bill would authorize an increase of $9.8
million for the evaluation of Stinger block II.
The Senate amendment would also authorize $9.8 million
for Stinger, and an additional $35.0 million for Patriot cruise
missile defense.
The conferees agree to authorize $61.9 million in PE
23801A, an increase of $44.8 million for both programs.
Instrumented factory for gear development
The budget request did not include funding for the
continuation of the instrumented factory gear (INFAC).
The House bill would authorize an additional $5.0 million
for INFAC in PE 78045A.
The Senate amendment contained no similar provision.
The Senate recedes.
Polycrylonitrile carbon fibers
The budget request did not include funding for
polycrylonitrile (PAN) fiber development.
The House bill would authorize an additional $4.0 million
for PAN fibers in the Army MANTECH program.
The Senate amendment would authorize an additional $4.0
million for PAN fibers in the Army materials technology
program.
The conferees agree to authorize an additional $4.0
million for this PAN fibers program in PE 78045A.
Rotary winged aircraft repair
The budget request included no funding for manufacturing
technology related to rotary winged aircraft repair.
The House bill would fence $1.5 million of the Army
MANTECH program for technologies related to industrial-academic
partnerships for repair technology development and insertion
for rotary winged aircraft.
The Senate amendment contained no similar provision.
The conferees agree to authorize $1.5 million for the
program in PE 78045A.
Task force XXI soldier
The conferees agree to authorize $30.0 million for a
program that consolidates the Army's Land warrior and
Generation II (GEN II) soldier programs. The conferees agree to
the following adjustment for the purpose of program
consolidation:
Millions
PE 63001A--Logistics Advanced Technology........................ -$4.9
PE 63710A--Night Vision Advanced Technology..................... -4.2
PE 63772A--Advanced Tactical Computer Science and Technology.... -5.0
PE 63747A--Soldier Support and Survivability.................... -25.9
Task Force XXI Soldier.......................................... +30.0
The conferees believe that the Army must examine and
consider a full range of alternatives, including expansion of
the dismounted soldier system of the applique program,
execution of the Land Warrior program, and acceleration of the
GEN II advanced technology demonstrator, to the extent that
they support the new consolidated program.
Overview
The budget request for fiscal year 1996 contained an
authorization of $8,204.5 million for Navy, Research and
Development in the Department of Defense. The House bill would
authorize $8,516.5 million. The Senate amendment would
authorize $8,624.2 million. the conferees recommended an
authorization of $8,474.8 million. Unless noted explicitly in
the statement of managers, all changes are made without
prejudice.
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Long-range guided projectile technology
The budget request contained $32.7 million for
development and demonstration of the advanced global
positioning system/inertial navigation system (GPS/INS)
guidance and control technology for long range precision guided
munitions used by Navy surface fire support and Army long-range
artillery.
The House bill would authorize an additional $9.0 million
to accelerate the development and demonstration of the GPS/INS.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment.
The conferees agree to an additional $2.0 million in PE
62111N for the purposes indicated in the House report (H. Rept.
104-131). The conferees are aware of a demonstrated rapid
progress in the development and demonstration of miniaturized,
gun-hardened GPS/INS technology in the Army's Low-Cost
Competent Munition (LCCM) Program, the Navy's advanced
technology demonstration program for an extended range guided
projectile, and the cooperative LCCM technology program
established between Departments of the Army and the Navy. The
conferees believe that the technology may significantly improve
the accuracy of existing and future gun-fired projectiles,
missiles, and rockets, and that an opportunity exists to
accelerate development and demonstration in these areas. The
conferees strongly encourage increased funding in this area in
future Army and Navy budget requests.
Surface ship technology
The budget request included $36.8 million for surface
ship technology.
The House bill would authorize an additional $6.0 million
for power electronics building blocks and $10.0 million for
advanced submarine technology development.
The Senate amendment would authorize an additional $6.0
million for power electronics building blocks.
The conferees agree to authorize $67.8 million in PE
62121N; an increase of $31.0 million. That authorization
includes $6.0 million for power electronics building blocks,
$10.0 million for advanced submarine technology development and
$15.0 million for curved plate technology for ship
construction.
Power electronic building blocks
The budget request did not include funding for the power
electronic building blocks project.
Both the House bill and the Senate amendment contained
$6.0 million in PE 62121N to initiate a power electronics
program based on metal oxide semiconductor (MOS) control
thyristors for high speed switching.
The conferees agree that the program should be affiliated
with academic institutions and, as recommended by the Senate,
involve a computational test bed for system simulation. The
conferees agree that at least one-third of the funding should
be for university participation.
Flat panel, helmet-mounted display
The budget request included $7.0 million in PE 62122N for
exploratory development of air vehicle technology.
The House bill would authorize an additional $2.5 million
to continue exploratory development of flat panel, helmet-
mounted displays for air crew helmets.
The Senate amendment would authorize the budget request.
The Senate recedes.
Communications technology
The budget request included $9.2 million in PE 62232N to
continue development of key communications technologies for
air, ship, and submarine platforms.
The House bill would authorize an additional $4.0 million
for support of wireless and satellite communications research
in the areas of integrated antenna systems, communications
hardware design, communication algorithm development and high-
frequency device modeling and measurements.
The Senate amendment contained no similar recommendation.
The House recedes. The conferees recognize the importance
of continued wireless and satellite communications research in
the areas recommended in the House report (H. Rept. 104-131).
Air crew adaptive automation technology
The budget request included $40.5 million in PE 62233N
for exploratory development of enabling readiness, training,
and environmental technologies that support the manning,
operation, and maintenance of fleet assets, and that provide
the necessary training, facilities, and equipment to maintain
operational forces in a high state of readiness.
The House bill would authorize an additional $2.7 million
to continue development of adaptable automation technology for
management of air crew workloads.
The Senate amendment would authorize the budget request.
The House recedes.
Embedded sensors
The budget request included $74.8 million in PE 62234N
for exploratory development in the areas of materials,
electronics, and computer technology in support of Navy
advanced weapon and platform systems.
The House bill would authorize an additional $3.0 million
to complete the exploratory development of embedded, remotely
queried, microelectromechanical sensors in thick composites,
which would be suitable for use in submarine, ships, and
armored vehicles.
The Senate amendment would authorize the budget request.
The Senate recedes.
Parametric airborne dipping sonar
The budget request included $51.2 million for exploratory
development of undersea surveillance and weapons technology.
The Senate amendment would authorize an additional $4.8
million in PE 62314N to expand the current scope of the
demonstration and evaluation of parametric sonar technology to
provide three dimensional stabilized steerable beams, around
360 degrees, at full source level, further characterize the
technology for mine avoidance implications, and evaluate
whether parametric sonar technology merits further development.
The House bill contained no similar provision.
The House recedes. The conferees agree that the Navy
should complete evaluation of the limited capability laboratory
prototype, in-depth technical review and assessment of the
potential of parametric sonar for helicopter application, and
in-water testing and evaluation of the parametric airborne
dipping sonar prototype.
Polar Ozone Aerosol Monitor III
The budget request included $45.5 million for exploratory
development of oceanographic and atmospheric technology, in
support of joint warfare mission area capabilities.
The House bill would authorize an additional $5.0 million
to complete engineering, integration and test of the Polar
Ozone Aerosol Monitor (POAM) III payload on the SPOT 4
spacecraft, in anticipation of system launch in 1997.
The Senate amendment included no similar provision.
The conferees agree to authorize an additional $2.5
million in PE 62435N to continue engineering, integration and
test of the POAM III payload on the SPOT 4 spacecraft. The
conferees encourage the Secretary of the Navy to reprogram
those funds necessary to complete the program and launch the
POAM III payload on the SPOT 4 spacecraft in 1997.
Air crew protective clothing and devices
The budget request included $1.7 million in PE 63216N for
demonstration and validation of air crew protective clothing
and devices.
The House bill would authorize an additional $7.4 million
to the budget request to continue development of the advanced
integrated life support system and of an advanced technology
escape system for air crews. The House report (H. Rept. 104-
131) also directed the Navy to provide, by March 2, 1996, a
report that would describe the program plan for these two
programs and the coordination of each plan with programs under
consideration in the Air Force and the Army.
The Senate amendment would authorize the budget request.
The Senate recedes.
The conferees direct the Secretary of the Navy to submit
the report described in the House report (H. Rpt. 104-131).
Air systems and weapons advanced technology
The budget request included $17.1 million for air systems
advanced technology in PE 63217N. The request contained no
specific funding for the maritime avionics subsystems and
technology (MAST) program. MAST is a fiscal year 1995 ``new
start'' that focuses on the development of scaleable, open,
fault-tolerant, and common avionics architectures.
The House bill would authorize an additional $35.0
million for the advanced anti-radiation guided missile (AARGM).
The House report (H. Rept. 104-131) encouraged the Navy and the
Air Force to pursue the technology objectives of the MAST
program under respective avionics technology development
programs and the Joint Advanced Strike Technology (JAST)
program.
The Senate amendment would authorize an additional $9.0
million for rapid response technologies.
The conferees agree to authorize an additional $35.0
million in PE 63217N for AARGM and $9.0 million for rapid
response technologies for the specific purposes detailed in the
respective House and Senate reports (H. Rept. 104-131; S. Rept.
104-112). The conferees also agree to authorize an additional
$10.0 million for continuation of the MAST program in fiscal
year 1996, and recommend that the Secretary of the Navy
consider requirements for continuation of the MAST program in
the Navy's fiscal year 1997 budget request.
Mobile off-shore base (MOBS)
The budget request included $14.7 million in PE 63238N to
begin using ARPA developed technology for a mobile offshore
base (MOB) and to initiate sub-scale tests of a complete system
for the purpose of evaluating risks associated with full scale
construction.
The House bill would authorize the budget request. The
House report (H. Rept. 104-131), citing the potential cost of
the MOBS system, noted that the Department of Defense had
failed to comply with guidance provided in the Statement of
Managers (H. Rept. 103-701) accompanying the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337).
The House report directed that any fiscal year 1996 funds
authorized and appropriated for MOBS or for the Landing Ship
Quay/Causeway not be obligated until the Department provides
the reports and certification previously directed by Congress.
The Senate amendment would authorize the budget request.
The House recedes from its restriction on the obligation
of fiscal year 1996 funds for the MOBS project. The conferees
note, however, the point made in the House report (H. Rept.
104-131) about the large potential cost of the MOBS program if
carried to completion. The conferees further note that, in
accordance with section 2430, title 10, United States Code,
MOBS qualifies as an Acquisition Category I major defense
acquisition program. Therefore, it is subject to the review and
approval procedures for major defense acquisition programs
established in Department of Defense instructions, regulations,
and procedures. Under these review and approval procedures, a
Milestone 0 (concept exploration and definition) review of the
MOBS project is required by the Defense Acquisition Board
(DAB). The conferees direct the Secretary of Defense to report
to the congressional defense committees, by March 31, 1996, the
plan and schedule for incorporating MOBS into the DAB process
and accomplishing a Milestone 0 review.
Medical development
The conferees agreed to authorize an additional $1.0
million (PE 63706N) for acceleration of blood storage
development and an additional $3.0 million (PE 63706N) for the
Naval Biodynamics Laboratory (NBDL) for infrastructure transfer
activities.
Sensor integration and decision support systems
The budget request contained $17.8 million in PE 63707N
for advanced development of manpower, personnel, and training
technology, including $1.1 million for air human factors
engineering.
The House bill would authorize an additional $1.5 million
in PE 63707N for development and evaluation of intelligent,
multi-source, multi-platform sensor integration and cockpit
decision support systems.
The Senate amendment would authorize the budget request.
The House recedes.
Navy advanced technology demonstration
The budget request included $96.8 million in PE 63792N
for advanced development and demonstration of high payoff,
emerging technologies that could significantly improve Navy
warfighting capabilities.
Both the House bill and the Senate amendment would
authorize the budget request.
The conferees agree that the program for advanced
technology demonstration of low cost, highly accurate guidance
and control for improved naval surface fire support from
surface 5" guns shall be fully funded at the level established
in the budget request.
Remote controlled minehunting vehicle
The budget request included $7.6 million in PE 63502N for
development and demonstration of improvements in minehunting
sonar and remotely controlled minehunting systems.
The House bill would authorize an additional $1.65
million in PE 63502N to accelerate the remote minehunting
operational prototype (RMOP) development program and provide an
interim operational capability to the fleet.
The Senate amendment would authorize an additional $7.5
million in PE 63502N to accelerate development of RMOP.
The Senate recedes. The conferees agree that the mine
detection and location capability demonstrated by the RMOP
vehicle during a joint amphibious exercise in March-April 1995
suggests that it has the potential to fill a gap in the Navy's
mine countermeasures operational capabilities. Therefore, the
conferees conclude that the RMOP program should be accelerated
to provide a contingency capability for fleet use. The
conferees encourage the Secretary of the Navy to include
additional funds for this purpose in the fiscal year 1997
budget request.
Non-acoustic antisubmarine warfare program
The House bill would authorize $23.2 million to
reestablish a separate Navy non-acoustic antisubmarine warfare
(NAASW) program in PE 63528N that would be on par with the
Department of Defense's advanced sensor applications program.
The Senate amendment contained no funding for a Navy
specific research and development program. However, the Senate
amendment did provide $10.0 million of additional funding in PE
63714D, the Department of Defense's advanced sensor
applications program, to continue development for a NAASW
program, ATD-111, that is being executed by the Navy.
The conferees authorize an increase of $10.0 million in
PE 63528N for the ATD-111 NAASW program. The funding is
authorized to: (1) test system upgrades; (2) correct system
defects identified during field tests; (3) bring the test
systems to a common configuration; and (4) evaluate carriage on
alternate airborne platforms.
The conferees recommend that the Navy conduct a
comparative evaluation of the ATD-111 laser radar (LIDAR)
system with other approaches. Comparative testing of competing
non-acoustic approaches to antisubmarine warfare and other
applications should provide a basis for establishing a firm
requirement for follow-on systems.
The conferees also agree that there is a need for two
viable, independent, but coordinated and complementary NAASW
programs, one in the Navy and one in the Office of the
Secretary of Defense. To reestablish the Navy's independent
NAASW program, the conferees encourage the Secretary of the
Navy to provide funding for it in the fiscal year 1997 budget
request. Further guidance with respect to the NAASW program is
contained in the classified annex.
Advanced submarine technology development
The budget request included $18.4 million in PE 62121N
for exploratory development of submarine systems technology and
$30.9 million in PE 63561N for advanced submarine systems
development.
The House bill would authorize an increase of $10.0
million in PE 62121N. Of this amount, $7.0 million is to
continue the transfer of technology to the Navy for active
control of machinery platforms demonstrated in the Advanced
Research Projects Agency's (ARPA's) Project M. The House bill
would also authorize an additional $13.1 million in PE 63561N.
The House report (H. Rept. 104-131) expressed concern over the
overall reduction in submarine research and development
funding, reflecting in the budget request, and the belief that
this level of funding would be inadequate to support the type
of long-term research necessary to ensure the availability of
advanced technologies that could maintain the superior
technological capability of the U.S. submarine force. The House
report directed the Secretary of Defense to develop a plan for
long-term submarine research and development aimed at ensuring
U.S. technological superiority and to report this plan to the
congressional defense committees with the submission of the
fiscal year 1997 budget request.
The Senate amendment would approve the budget request.
The conferees agree to an increase of $10.0 million in PE
62121N. This increase would not include any reservations for
ARPA's Project M. The conferees would authorize the transition
effort associated with Project M in PE 63569E. The conferees
also agree to an increase of $20.0 million in PE 63561N. The
conferees would also adopt a provision, discussed in greater
detail in the procurement section of the conference report,
that would direct the Secretary of the Defense to develop a
plan for long-term submarine research and development aimed at
ensuring U.S. technological superiority and to report this plan
to the congressional defense committees no later than March 15,
1996.
Intercooled recuperated gas turbine engine
The budget request included $25.6 million in PE 63508N, a
technology base program element, for continued development of
the intercooled recuperated (ICR) gas turbine.
The House bill expressed concern that the budget request
had transferred the ICR gas turbine engine from the Advanced
Surface Machinery (ASM) Program (PE 63573N), where it had been
previously budgeted, because of the possibility of disruption
in the relationship between the ICR program and other elements
of the ASM program. In order to restore ASM program integrity,
the House bill would direct the transfer of $25.6 million from
PE 63508N to PE 63573N. Additionally, the House bill would
increase funding for the ICR engine by $21.5 million to support
ICR engine tests at the Navy's land-based test site and, based
on elements of the Navy's revised ICR development plan, direct
the Navy to proceed with a second 500 hour engine test and
other associated testing at the site.
The Senate amendment also directed transfer of $25.6
million from PE 63508N to PE 63573N, but did not increase
funding for the ICR engine.
The conferees agree to a funding level of $82.9 million
in PE 63573N. The conferees direct that, of the total amount
authorized for PE 63573N, $41.0 million is authorized for the
ICR program.
Cooperative engagement capability
The budget request included $180.0 million in PE 63755N
for development of the cooperative engagement capability (CEC).
The House bill would authorize the requested amount, but
would direct that no more than $102.0 million be obligated
until the Secretary of Defense notifies the congressional
defense committees that the test and evaluation master plan for
the CEC program has been approved by the Director, Operational
Test and Evaluation.
The Senate amendment would add $22.5 million to continue
accelerated development of the airborne component of CEC and an
additional $20.0 million to accelerate joint Army-Navy and Air
Force-Navy exploitation of CEC for cruise missile defense and
theater missile defense.
The conferees agree to an additional $42.5 million for
CEC for the purposes described in Senate amendment. The House
recedes from its funding limitation. The conferees note the
concerns expressed in the House report (H. Rept. 104-131)
regarding developmental testing and independent operational
testing required to insure that the CEC is operationally
effective and suitable when deployed to the fleet. They direct
the Secretary of the Navy to submit to the congressional
defense committees, by March 31, 1996, a report on the status
of plans for developmental and independent operational testing
of the CEC.
Naval surface fire support
The Navy's budget request included $12.0 million in PE
63795N to develop the gun weapon system technology needed by
the Navy to resolve major deficiencies in its ability to
provide naval surface fire support (NSFS) to amphibious
operations.
The House report (H. Rept. 104-131) noted that the budget
request was sharply reduced during the budget formulation
process. It further observed that the future years defense plan
for gun system technology had been left under funded by over
$160 million and did not include an adequate plan to meet long-
term requirements for advanced NSFS weapons systems. To address
these concerns the House bill would increase funding in PE
63795N by $25.0 million to:
(1) accelerate the development of a long range
guided projectile that would incorporate advanced low
cost global positioning system/inertial navigation
system (GPS/INS) guidance;
(2) improve the existing MK-45 5-inch naval gun;
and
(3) permit the Navy to place increased emphasis on
satisfying long-term requirements for advanced gun
systems in addition to its near-term focus on
modifications to the MK-45 gun.
The Senate amendment would add $19.2 million to PE
63795N. The Senate's evaluation noted in the Senate report (S.
Rept. 104-112) of the Navy's NSFS program, as reflected in the
budget request, yielded conclusions similar to those of the
House.
The conferees note that in May 1995 the Secretary of the
Navy, based on a recently completed cost and operational
effectiveness analysis (COEA), reported the following
conclusions to Congress regarding NSFS:
(1) a 155 millimeter/60-caliber naval gun,
employing precision guided munitions, is the most cost
effective NSFS solution; and
(2) a combination of guns, missiles, and tactical
aviation is needed to fully meet NSFS requirements.
The Secretary also reported that, as a result of the NSFS
COEA, the Navy's NSFS program had been structured to:
(1) proceed with the long-term development of a 155
millimeter gun;
(2) develop a gun-launched precision guided
munition; and
(3) modify the Navy's existing MK-45, 5-inch gun to
deal with long-term and near-term challenges.
However, as reflected in the budget request,
affordability constraints and a desire to field an enhanced
NSFS capability prior to Fiscal Year 2001 have moved the Navy
to embrace a near-term program reflecting the following
priorities:
(1) develop a global positioning system/inertial
navigation system 5-inch guided projectile;
(2) improve the existing MK-45 5-inch gun; and
(3) demonstrate the NSFS capabilities of Army
Tactical Missile System (ATACMS), Sea Standoff Land
Attack Missile (SLAM), and STANDARD Missiles.
To confirm the cost effectiveness of this near-term
approach, which was not thoroughly evaluated in the NSFS COEA,
the Navy has directed the Center for Naval Analysis to perform
supplemental analysis to evaluate its cost effectiveness. The
need for this supplemental analysis was reinforced by the
General Accounting Office, which strongly recommended in May
1995 that the Navy revalidate its NSFS requirements and conduct
a comprehensive supplemental analysis to the COEA that would
include all available gun and missile alternatives.
The conferees agree to authorize $34.0 million, an
increase of $22.0 million, in PE 63795N. Over the past several
years, the conferees have repeatedly stressed the issue of
NSFS, but have found the Navy's response to be highly variable
as new programs or approaches have succeeded one another from
year to year. Because of a strong need and the Navy's apparent
commitment to pursue the program to completion, the conferees
are willing to provide initial support, in fiscal year 1996, to
the Navy's effort to upgrade the capability of its 5-inch guns
and projectiles. The conferees take this action based on the
Navy leadership's assurances that the Navy will follow through
with consistent, stable, and adequate future years funding.
The conferees affirm their conclusion that the Navy needs
to place increased emphasis on pursuing a long-term program to
satisfy NSFS mission requirements. The conferees direct that
the Secretary of the Navy include a report on the plans for
such a program in the fiscal year 1997 budget submission. The
conferees also affirm the need for an updated COEA that
considers all available gun and missile alternatives, including
extended range multiple launch rockets and existing and
improved 5-inch guns, to support future acquisition milestone
decisions related to the Navy's near-term and long-term
programs.
AH-1W integrated weapons system upgrade
The budget request included $14.9 million in PE 64212N
for engineering and manufacturing development of upgrades to
the AH-1W Cobra attack helicopter for the Marine Corps.
The House bill recommended a reduction of $11.6 million
to the budget request, based on the understanding that the
Marine Corps had decided to suspend development of the
integrated weapon systems (IWS) for the AH-1W.
The Senate amendment would authorize the budget request.
The House recedes. The conferees understand that the
Department of the Navy has suspended the IWS upgrade, based on
identification of other urgent requirements for modification of
Marine Corps helicopters. The upgrade program would now focus
on the adaptation of both the AH-1W attack helicopter and the
UH-1N utility helicopter, and their respective power trains, to
a 4-blade rotor system which will increase the operational
safety power margin and useful mission payload of both
helicopters. The IWS upgrade for the AH-1W will be deferred
until later in the program. The conferees further understand,
based upon the Department's analysis, that the revised program
will provide growth potential to bridge the gap until the joint
replacement aircraft would become available around the year
2020, and is reportedly more cost effective than the adoption
of other, more modern attack and utility helicopters that have
already been fielded or are under development.
The conferees note that the Department plans a defense
acquisition milestone II decision to proceed with engineering
and manufacturing development in late fiscal year 1996 and also
plans to use the fiscal year 1996 funds made available for the
program for pre-milestone IV/II engineering studies. The
conferees are aware of a Department of the Navy experience with
harmonic coupling problems encountered during a previous major
helicopter power train upgrade that contributed to a number of
aircraft mishaps. Accordingly, this issue must be addressed in
detail during pre-milestone engineering studies and in the
milestone II decision process, and the absence of the problem
demonstrated prior to milestone III. The Secretary of the Navy
is directed to report the results of these engineering studies
and the milestone II decision with the submission of the fiscal
year 1998 budget request.
AV-8B Harrier weapons system improvements
The budget request included $11.3 million in PE 64214N
for integration and testing of weapons and aircraft
improvements for the AV-8B Harrier aircraft.
The House bill would authorize an increase of $15.6
million to the budget request to support the United States'
share of the AV-8B production memorandum of understanding
between the United States, Spain, and Italy, and for concurrent
integration of the AIM-120 missile and 1760 data bus during
remanufacture of the day-only AV-8As to the AV-8B radar
configuration.
The Senate amendment would authorize the budget request.
The Senate recedes. The conferees agree to authorize the
increase of $15.6 million to the budget request with the
understanding that the Department of the Navy would include in
the fiscal year 1997 budget request the balance of the $11.7
million required by the memorandum of understanding.
S-3B Project Gray Wolf
The budget request included $12.9 million in PE 64217N
for continued development of weapon system improvements for the
S-3 aircraft.
The House bill would authorize an additional $15.0
million for continued evaluation and potential establishment of
an advanced concept technology demonstration of ``Project Gray
Wolf'', a fleet proof of concept demonstration of the ability
of an S-3B aircraft equipped with a multi-mode synthetic
aperture radar designed to provide real time stand-off
surveillance, targeting, and strike support for littoral
operations.
The Senate amendment would authorize an additional $13.2
million for the same purpose.
The conferees agree to authorize the requested amount.
The conferees agree that ``Project Gray Wolf''
demonstrates potential for providing the Department of the Navy
with a versatile carrier-based capability to provide real time,
stand-off surveillance, targeting, and strike support. The
conferees encourage the Secretary of the Navy to consider a
reprogramming request to support this program, should any funds
become available during fiscal year 1996. The conferees further
encourage the Secretary to include funds for the program in his
fiscal year 1997 budget request.
P-3 maritime patrol aircraft sensor integration
The budget request included $1.9 million in PE 64221N for
the P-3 maritime patrol aircraft (MPA) modernization program.
The House bill would authorize an increase of $15.0
million to the budget request. That increase would include
$12.0 million to restore the schedule for integration of the
improved extended echo ranging (IEER) and the anti-surface
warfare improvement program (AIP) capabilities in the P-3, and
$3.0 million for upgrade of P-3 stores management, to permit
integration of advanced weapons systems. In relation to the
fiscal year 1995 budget projections for fiscal year 1996, the
House report (H. Rept. 104-131) noted that sharp funding
reductions in the P-3 modernization program would result in an
overall program cost increase and multi-year delays in fielding
capability improvements needed to offset decreases in MPA force
structure. The House report also expressed the House's
expectation that the Navy's future budget requests would
include the increased funding necessary to complete the IEER
and AIP capabilities integration in the P-3, the P-3 stores
management upgrades, and procurement of sufficient quantities
of the AIP and update III kits to appropriately outfit the
active and reserve MPA force.
The Senate amendment would authorize the budget request.
The Senate recedes.
Air crew systems development
The budget request included $9.8 million in PE 64264N for
the development of aviation life support systems for air crews.
The House bill would authorize an increase of $7.9
million to transition the Navy's Day/Night/All Weather Helmet
Mounted Display to operational evaluation in F/A-18 and AV-8B
aircraft, to upgrade current escape systems, and to develop
crashworthy troop seats in the H-1, H-3 and H-46 helicopters.
The Senate amendment would authorize the budget request.
The Senate recedes.
AEGIS combat systems engineering
The budget request included $105.9 million in PE 64307N,
including $90.0 million for continued development of
improvements in the AEGIS combat system.
The House bill would authorize $89.9 million, a reduction
of $15.8 million from the requested amount. In support of the
funding reduction, the House report (H. Rept. 104-131) cited
the deferred release of fiscal year 1995 funds, which led to a
corresponding, but unnecessary, increase in the Navy's budget
request. The House report (H. Rept. 104-131) also expressed
concern about the Navy's revised strategy for development of
the AEGIS baseline 6.
The Senate amendment would authorize the requested
amount.
The conferees agree to a reduction of $11.0 million in PE
64307N for AEGIS combat systems engineering. The conferees note
that the Navy included the $11.0 million in its budget request
in anticipation of losing $15.8 million of fiscal year 1995
funds through the omnibus reprogramming process. The use of
these fiscal year 1995 funds as a reprogramming source has been
specifically denied by Congress. The conferees direct the
Office of the Secretary of Defense to return these funds to the
Navy without delay to permit orderly execution of the AEGIS
program. Further, the navy should review its program for
development of the AEGIS baseline 6 with a view to minimizing
concurrency.
Enhanced modular signal processor
The budget request included $8.3 million in PE 64507N for
development and risk mitigation testing of the AN/UYS-2
enhanced modular signal processor (EMSP) and software
development, integration, testing, and critical engineering
design support in the airborne low-frequency sonar (ALFS),
surveillance towed array sensor system (SURTASS), AN/SQQ-89
surface combat system, and AN/BSY-2 submarine combat system.
Both the House bill and the Senate amendment would
authorize the budget request.
The conferees understand that the Navy is considering
development of a commercial-off-the-shelf (COTS) variant of the
EMSP, as discussed in the House report (H. Rept. 104-131). The
conferees authorize an increase of $6.5 million in PE 64507N
for development of this COTS variant. The conferees encourage
the Navy to include additional funds that may be required to
complete the EMSP COTS development in its fiscal year 1997
budget request.
Submarine combat system
The budget request included $42.3 million in PE 64524N
for development of the AN/BSY-2 submarine combat system.
The House bill would reduce the authorization by $6.2
million, the amount requested for delivery of the AN/BSY-2
system for the SSN-23.
The Senate amendment would authorize the budget request.
The House recedes.
Submarine tactical warfare system
The budget request included $38.5 million in PE 64562N
for continued development of improvements in SSN combat control
systems.
The House bill recommended a reduction of $18.0 million
to the budget request.
The Senate amendment would authorize the requested
amount.
The House recedes.
Advanced tactical air command central
The budget request included $8.4 million in PE 604719M to
continue development of the advanced tactical air command
central (ATACC) for the Marine Corps.
The House bill would reduce the PE by $5.0 million and
direct that the details of the operational requirement and a
revised program plan be provided with the fiscal year 1997
budget request. The house report (H. Rept. 104-131) expressed
concerns regarding the marked growth in program costs for
fiscal year 1996 and succeeding years, changes in the
acquisition strategy, and significant revisions in the program
schedule. These concerns raise questions regarding how well the
operational requirement is defined and whether the system
should continue in engineering and manufacturing systems
development, or whether a demonstration/validation program
would be more appropriate.
The Senate amendment would authorize the requested
amount.
The House recedes.
The conferees agree that the concerns expressed by the
House should be addressed following submission of the fiscal
year 1997 defense budget request.
Ship self-defense system
summary
The budget request included $166.0 million in PE 64755N
for the ship self-defense program.
The House bill would approve the budget request. The
House report (H. Rept. 104-131) expressed concern that the Navy
had failed to include funding in its budget request to continue
development of either the infrared search and track (IRST)
system or NULKA, an electronic warfare countermeasures system,
despite the apparently high priority that the Navy has placed
on these systems in the past. The House report argued that such
funding lapses point to the absence of clearly defined program
baselines in the ship self-defense programs.
The Senate amendment would authorize $184.5 million in PE
64755N, an increase of $18.5 million. It would authorize an
additional $9.5 million for IRST and $9.0 million for NULKA.
The Senate report (S. Rept. 104-112) also discussed evaluation
of existing self-defense systems, such as the BARAK 1 missile
system, for installation on active and new construction Navy
ships.
The conferees agree to authorize $183.5 million for the
ship self-defense program in PE 64755N. Funding increases and
areas of emphasis are discussed in the following paragraphs.
The conferees also agree that the year-to-year volatility of
the Navy's budget requests for ship self-defense programs
appear to contradict the Navy's oft stated emphasis on littoral
warfare. Therefore, the conferees direct the Secretary of the
Navy to provide to the congressional defense committees, as a
part of the annual update of the ``Ship Anti-Air Warfare (AAW)
Report'', an assessment of progress in establishing program
baselines for the ship self-defense program and the degree to
which these baselines are being met.
irst
The budget requested reduced funding for and restructured
the infrared search and track (IRST) program for affordability
reasons. The conferees believe that the IRST system has the
potential to play a very important role in defending naval
ships against sea skimming antiship missiles. A recently
completed cost and operational effectiveness analysis (COEA)
supports this conclusion. The conferees agree that the Navy
should emphasize early integration of the IRST system with both
Aegis and non-Aegis ships, and place priority on early
completion of its development. Therefore, the conferees
authorize an increase of $9.5 million in PE 64755N to
accelerate plans for combat system integration and design of
the IRST system.
nulka
NULKA is a joint United States/Australian project to
develop an anti-ship missile decoy system. Increased funding in
fiscal year 1996 would allow the Navy to integrate NULKA with
the ship self-defense system (SSDS), for installation on
amphibious ships and other self-defense ships, to conduct
testing of the integrated system, and to commence development
of improvements to the payload needed to counter improvements
in anti-ship missile technology. The conferees strongly support
these objectives and authorize an increase of $8.0 million in
PE 64755N.
barak 1
The Senate report expressed concern about the need to
protect Navy ships from the proliferation of maneuvering, sea-
skimming, low observable, anti-ship cruise missiles. It also
recognizes the fact that the Navy's evaluation of existing
systems, such as the BARAK 1 missile, as candidates for the
LPD-17 class's self-defense suite, could produce the most cost-
effective solution to this threat. Development costs could be
avoided through such an approach.
While addressing ship self-defense in some detail, the
House report did not discuss this aspect of the requirement.
The conferees agree that the incorporation of weapons
systems that are already in production, such as BARAK 1, into
the combat systems of active or new construction ships could be
a cost effective means to deal with a rapidly proliferating and
evolving cruise missile threat. The conferees desire to be kept
informed on the progress and results of the LPD-17 cost and
operational effectiveness analysis (COEA). Furthermore, the
conferees direct the Navy to present, by February 1996, a plan
that could lead to testing of the BARAK 1 system in the United
States during fiscal year 1996, should the LPD-17 COEA
demonstrate that self-defense systems such as BARAK 1 would be
cost effective.
Because of the advantage to the fleet of an early
deployment of a robust ship self-defense system, the committee
directs the Navy to also examine and report on BARAK 1
applicability to other ship classes. The results of this
analysis should be provided to the congressional defense
committees by February 1996.
Fixed distributed system--deployable
The budget request included $93.5 million in PE 64784N
for the fixed distribution surveillance system (FDS), but
included no funding for the deployable (FDS-D) prototype.
The House bill would add $10.0 million to the budget
request to refurbish the FDS-D prototype and improve its
capability to provide an interim deployable undersea
surveillance, until the Advanced Deployable System becomes
available.
The Senate amendment would authorize the budget request.
The conferees authorize $103.5 million in PE 64784N, of
which $10.0 million would be used to refurbish the FDS-D
prototype and improve its surveillance capability. Further
guidance is contained in the classified annex.
SSBN security and survivability program
The budget request included $25.1 million in PE 12224N
for the SSBN security and survivability program.
The House bill would provide an increase of $9.5 million
to the budget request. The House bill would also direct the
Secretary of the Navy to provide to the congressional defense
committees, within 60 days of enactment, an assessment of the
potential threat to the U.S. SSBN force an analysis of the SSBN
security program needed to counter that threat.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an additional $5.5
million in PE 12224N for the SSBN security and survivability
program. The conferees agree with the House direction to the
Secretary of Defense regarding the SSBN security program,
contained in the House report (H. Rept. 104-131). Further
guidance regarding the program is provided in the classified
annex.
Cryptologic system trainer
The budget request included $7.0 million in PE 24571N to
continue development and evaluation of the Navy's surface
tactical team trainer.
The House bill would authorize an additional $3.0 million
for:
(1) integration and evaluation of the cryptologic systems
trainer in the battle force tactical training system; and
(2) the development of related information warfare/
command and control warfare shipboard training systems.
The Senate amendment would authorize the budget request.
The conferees authorize $10.0 million in PE 24571N. Of
this amount, $3.0 million is for the purposes discussed in the
House report (H. Rept. 104-131).
Optoelectronics
The budget request did not include funding for
optoelectronics manufacturing.
The House bill would provide $10.0 million to initiate
partnerships with industry, government laboratories and other
research organizations to allow the development of
manufacturing technologies that would support optoelectronics
devices and components.
The Senate amendment contained no similar provision.
The conferees agree to authorize an additional $10.0
million for this program in PE 78011N. The conferees also agree
to authorize an additional $2.0 million for advanced bulk
manufacturing of mercury cadmium telluride (MCT) for low cost
sensors, also in PE 78011N.
Overview
The budget request for fiscal year 1996 contained an
authorization of $12,598.4 million for Air Force, Research and
Development in the Department of Defense. The House bill would
authorize $13,184.1 million. The Senate amendment would
authorize $13,087.4 million. The conferees recommended an
authorization of $12,914.9 million. Unless noted explicitly in
the statement of managers, all changes are made without
prejudice.
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Defense research sciences
The budget request included $239.893 million for defense
research sciences in PE 61102F.
The House bill would authorize an additional $5.0 million
for adaptive optics research.
The Senate amendment would reduce the budget request by
$9.0 million and authorize $5.0 million for adaptive optics
research.
The conferees agree, that of the $249.5 million
authorized in this program element, $5.0 million shall be
authorized for adaptive optics research.
Robotics corrosion inspection system
The House bill would authorize $8.0 million in PE 62102F
to conduct a competitive program to demonstrate the feasibility
of non-contact robotic corrosion inspection for detection of
hidden corrosion and metal fatigue.
The Senate amendment did not include such authorization.
The conferees strongly encourage the Air Force to
consider environmentally benign technologies that demonstrate
the potential to provide a 25 percent savings in cargo and
fighter aircraft inspection and repair costs through the use of
non-contact robotic corrosion inspection.
Firefighting clothing
The conferees encourage the Department of Defense to
continue to make greater use of commercial off-the-shelf
technologies that meet military requirements without extensive
development programs. The conferees are aware of recent
commercial developments in thermal absorbing materials that
would have the potential to significantly increase personnel
protection for fighting aircraft, ship-board, and chemical
fires. Accordingly, the conferees authorize an additional $1.25
million in PE 62201F for the development of a firefighting suit
that would incorporate these technologies.
Aerospace propulsion
The budget request included $3.7 million in PE 62203F for
the high thermal stability and the endothermic hydrocarbon
fuels project 3048.
The House bill and Senate amendment would authorize an
additional $3.0 million for the acceleration of this project.
The conferees agree that of the $75.0 million authorized
for this program element that $6.7 million be authorized for
project 3048.
Rocket propulsion technology
The House bill would authorize an additional $13.0
million for rocket propulsion technology programs in PE 62601F,
PE 63302F, and PE 62111N.
The Senate amendment contained no similar provision.
The conferees agree to provide an additional $13.0
million, as specified in the House report (H. Rept. 104-131).
Computer security
The budget request included $98.5 million for Command,
Control, and Communications in PE 62702F.
The House bill would authorize an additional $3.0 million
to evaluate voice recognition computer security systems.
The Senate amendment contained no similar authorization.
The conferees direct that, of the $96.5 million
authorized, $3.0 million be authorized for evaluation of voice
recognition computer security systems, as specified in the
House report (H. Rept. 104-131).
Aircraft ejection seats
The budget request included $19.0 million in PE 63231F
for crew systems and personnel protection technology.
The House bill would authorize an additional $3.0 million
to test existing Navy, Marine Corps, and Air Force front-line
trainer and tactical aircraft ejection seats. Ejection seat
tests would be conducted to verify predicted performance and to
identify existing problems and the required corrective action.
The Senate amendment had no similar provision.
The conferees agree to authorize an additional $3.0
million in PE 63231F for the purposes specified in the House
report (H. Rept. 104-131).
Micro-satellite development program
The budget request included $32.6 million in PE 63401F
for Advanced Spacecraft Technology.
The Senate amendment would authorize an additional $20.0
million for a micro-satellite development program.
The House bill would authorize the budget request.
The House recedes.
The Air Force Phillips Laboratory, in conjunction with
the Air Force Space Command's Space Warfare Center, has
initiated a small satellite program to develop and demonstrate
a variety of miniaturized space technologies. The micro-
satellite program builds upon the highly successful Clementine
satellite program. The conferees strongly support this effort
and direct that it be placed under the control of the Space
Warfare Center and be executed by the Clementine Team (Phillips
Laboratory, Naval Research Laboratory, and Lawrence Livermore
National Laboratory).
Intercontinental ballistic missile (ICBM) research and development and
associated issues
icbm demonstration/validation
The budget request included $20.3 million in PE 63851F
for six Minuteman-related projects.
The House bill would authorize an additional $14.5
million to complete acquisition and requirement documentation
efforts and to conduct missile guidance technology experiments.
The House report (H. Rept. 104-131) expressed concern that the
budget request failed to include pre-milestone 0 and phase 0
funding for the command signal decoder, the modified miniature
receive terminal for launch control centers, the safety
enhanced reentry vehicle, and inertial measurement
modifications.
The Senate amendment would authorize an additional $4.3
million to bolster the Air Force reentry vehicle applications
project. The Senate report (S. Rept. 104-112) expressed concern
that the reentry vehicle nose tip requirements were not
adequately funded.
The conferees agree to authorize the budget request. The
conferees also reiterate the concerns expressed in the House
and Senate reports. The conferees understand that the Air Force
is considering options to address these concerns from within
their existing fiscal year 1996 budget, in particular the
documentation issues identified in the House report. The
conferees strongly urge the Air Force to fulfill these
requirements.
icbm engineering and manufacturing development
The budget request contained $192.7 million in PE 64851F
to fund the Minuteman guidance and propulsion replacement
programs.
The House bill would authorize an additional $8.0 million
to fund the initial integration design and testing of the
capability to integrate the Mk21 warhead on the new Minuteman
guidance set. The House report (H. Rept. 104-131) endorsed
using the Mk21, the safest warhead in the inventory, on the
Minuteman, if and when it becomes available as a result of arms
control treaties. The House report expressed concern that the
current guidance replacement program fails to fund the design
and testing necessary to ensure the Mk21 capability prior to
initiation of the guidance set production.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request. The
conferees, however, reiterate the concerns expressed in the
House report (H. Rept. 104-131), and support the
recommendations made therein. The conferees are concerned that
the Department of Defense and the Air Force have failed to take
the necessary action to ensure that the safest nuclear warheads
are compatible with the new Minuteman guidance sets. Therefore,
the conferees direct that, of the funds authorized for fiscal
year 1996 in PE 64851F, up to $4.0 million shall be available
to initiate efforts to ensure that the new Minuteman guidance
sets are capable of accommodating the Mk21 warhead. The
conferees further direct the Secretary of Defense to ensure
that the funds necessary to continue this effort are included
in the fiscal year 1997 budget request.
reentry vehicle materials
The Senate amendment would authorize $750,000 above the
budget request in PE 62102F for the Thermal Protection
Materials Reentry Vehicle project to purchase, test, and
evaluate three nose tip billets and related technologies.
The House bill would not authorize additional funds for
reentry vehicle materials.
The Senate recedes. Nevertheless, the conferees reiterate
the concerns expressed in the Senate report (S. Rept. 104-112)
regarding the adequacy of the reentry vehicle applications
program, and, in particular, the reentry vehicle materials
program. Therefore, the conferees direct that, of the funds
available in PE 62102F, up to $750,000 shall be available for
the Thermal Protection Materials Reentry Vehicle project to
purchase, test, and evaluate three ICBM reentry vehicle nose
tip billets and related thermal technologies.
ballistic missile technology
The budget request contained $3.1 million in PE 63311F to
conduct guidance and range safety technology experiments.
The House bill would authorize an additional $5.7 million
for Minuteman class range tracking and safety equipment based
on Global Positioning System (GPS) equipment developments.
The Senate amendment would authorize an additional $5.0
million for suborbital flight testing conducted at White Sands
Missile Range for ballistic missile guidance, range tracking,
and safety equipment, based on existing GPS equipment.
The conferees agree to authorize $5.7 million above the
budget request to enhance ballistic missile technology
experiments and to proceed with a follow-on to the successful
Missile Technology Demonstration Flight 1 (MTD-1). The
conferees commend the participants in this joint effort and
encourage the Air Force, the Ballistic Missile Defense
Organization, the Defense Nuclear Agency, and the Phillips
Laboratory to continue to pursue such joint efforts. Prior to
completing plans for a MTD follow-on, the conferees direct the
Air Force to consult with the Senate Committee on Armed
Services and the House Committee on National Security on the
issues and options associated with the following: (1) the
technologies to be tested; (2) the type of booster
configuration to be employed; and (3) the test range to be
used.
peacekeeper contingency planning
The conferees direct the Secretary of the Air Force to
submit a report to the congressional defense committees, by
March 1, 1996, that outlines the Air Force's current plans for
retiring Peacekeeper, and maintaining the system in the
interim. The report should also address the additional actions
and funding that would be required to maintain the option of
retaining up to 50 Peacekeeper ICBMs in an operational status
beyond 2003. The report should include a timetable that
outlines when such actions and funding would be needed.
Weapon impact assessment system
The conferees are aware of innovative technologies that
may significantly resolve the battlefield damage assessment
problems related to tactical aviation. The conferees support
the priorities established in the fiscal year 1996 Department
of Defense Small Business Innovative Research Program
solicitation (96.1) to expeditiously pursue weapon impact
assessment technology. Accordingly, the conferees authorize
$950,000, distributed equally between PE 64618N and PE 64618F,
for a joint Navy-Air Force flight demonstration of a weapon
impact assessment system that uses a video sensor-transmitter
with precision guided munitions.
Stand-off land attack missiles
The budget request contained $40.5 million in PE 64603N
for continued development of the stand-off land attack missile-
enhanced response (SLAM-ER) as an interim replacement for the
canceled tri-service stand-off attack missile (TSSAM) for the
Navy.
The House bill would authorize the budget request for
SLAM-ER. However, the House report (H. Rept. 104-131) would
prohibit the Navy from obligating more than $10.0 million for
the program without specific approval by the congressional
defense committees.
The House bill would also provide an additional $37.5
million in PE 64312N for the Navy and an additional $37.5
million in PE 27160F for the Air Force to establish a joint
program for accelerated development and evaluation of candidate
joint air-to-surface stand-off missile (JASSM) systems as a
near-term replacement for TSSAM. The House report would direct
the Secretary of Defense to establish immediately such a
program and would further direct the Secretary to report to the
congressional defense committees within 60 days of the
enactment of the Act on:
(1) the Department's plan to address near-term Navy
and Air Force requirements for an interim TSSAM
replacement;
(2) the Department's plans to satisfy these near-
term requirements; and
(3) the long-term plan for development of a TSSAM
replacement that will satisfy the requirements of both
services.
The Senate amendment would authorize the budget request
in PE 64603N for continued development of SLAM-ER, and would
provide an additional $50.0 million for the Air Force in PE
27160F to initiate a JASSM program, with the expectation that
the Department of Defense would establish a joint program to
meet Air Force and Navy needs for a replacement for TSSAM.
The House recedes with an amendment. The conferees agree
to:
(1) authorize the SLAM-ER budget request;
(2) provide $25.0 million for JASSM in the Air
Force budget; and
(3) require the Department to report on plans for
meeting near-term and long-term Air Force and Navy
requirements for stand-off weapons systems.
joint air-to-surface stand-off missile (jassm)
In testimony before the Congress this year, the Air Force
and the Navy continued to support the requirement for a
survivable, precision strike stand-off weapon. The DOD decision
to cancel the TSSAM program exacerbated an already significant
shortfall in this capability. The conferees stress the urgent
need for the operational capability that would be provided by
the TSSAM, and expect the Secretary of Defense to establish a
joint program in the Air Force and the Navy for development of
a TSSAM replacement, as recommended in both the House report
(H. Rept. 104-131) and the Senate report (S. Rept. 104-112).
The conferees are concerned about the approach the
services may pursue to fulfill the JASSM requirement. The
conferees note that there are a number of competing
alternatives upon which the JASSM could be based. The conferees
believe that JASSM could evolve from a existing, or planned
interim weapons system. The conferees believe that, if the
Department decides that a new weapon development is
appropriate, the new development program should be based on
technologies that have already been developed in the TSSAM
program, or in other existing or planned stand-off weapons
systems, including technologies relating to low and very low
observability/stealth.
The conferees note that there are a number of competing
alternatives upon which the JASSM could be based, and want to
ensure that due consideration is given to all competing
approaches. Therefore, the conferees direct the Department to
consider the following in conducting the JASSM program: (1) the
results of the TSSAM development program, and the potential for
using technology and components derived from that program; and
(2) the results of programs for development of other stand-off
weapons systems, and the potential for using technologies
derived from those programs. The conferees direct the Secretary
of Defense to include, in his report on precision guided
munitions, information on the extent to which the Department
may avail itself of TSSAM-derivative components and technology,
as well as, components and technologies derived from other
stand-off weapons programs, in meeting the JASSM requirement.
required report
The conferees direct the Secretary of Defense to include
in the report on the analysis required by the provision on
precision guided munitions, the Department's plan for meeting
near-term Navy and Air Force requirements for an interim TSSAM
replacement and the long-term plan for development of a TSSAM
replacement that will meet the requirements of both services.
The conferees expect that the Department would establish the
following for JASSM weapons system at the next milestone:
design-to-unit cost goals; minimum performance parameters; and
interface requirements between JASSM and launch platforms.
Mobile missile launch detection and tracking
The conferees are aware of a proposal to use specialized
processing techniques on synthetic aperture radar data to
detect medium-rage ballistic missiles shortly after launch. The
conferees urge the Air Force to consider this promising concept
and agree to authorize the use of up to $1.0 million in funds
made available in PE 28060F to demonstrate the feasibility of
this concept.
Rivet joint technology transfer program
The Senate amendment recommended a $28.0 million increase
to the theater missile defense program element (PE 28060F) to
initiate the migration of the Cobra Ball medium wave infrared
acquisition technology for the Rivet Joint RC-135 tactical
reconnaissance fleet.
The House bill did not contain a similar recommendation.
The Senate recedes.
The conferees encourage the Air Force to move forward
with this near term, cost effective program. With the transfer
of this mature technology, the Rivet Joint fleet would offer
early deployment and provide a significant improvement to the
Department of Defense's capabilities in long range
surveillance, warning, rapid cueing for attack operations, and
impact point prediction. To achieve this goal, the conferees
would consider a reprogramming in fiscal year 1996. The
conferees understand that funds for the completion of this
technology migration are included in the Air Force future year
defense plans for this program.
Information systems security
The budget request included $11.3 million in PE 33140F
for the Air Force's Information Systems Security program.
The Senate amendment would authorize an additional $1.5
million to complete research and development of the Trusted
RUBIX multi-level security database management system.
The House bill would authorize the budget request.
The House recedes.
Computer-assisted technology transfer
The conferees agree to authorize $7.2 million in PE
78011F to continue the computer-assisted technology transfer
program.
Overview
The budget request for fiscal year 1996 contained an
authorization of $8,802.9 million for Defense-Wide, Research
and Development in the Department of Defense. The House bill
would authorize $9,287.1 million. The Senate amendment would
authorize $9,271.2 million. The conferees recommended an
authorization of $9,419.5 million. Unless noted explicity in
the statement of managers, all changes are made without
prejudice.
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University research initiative
The budget request included $236.2 million in PE 61103D.
The House bill would authorize an additional $20.0
million above the requested amount for the continuation of the
Defense Experimental Program to Stimulate Competitive Research
(DEPSCoR).
The Senate amendment would apply a general reduction of
$15.0 million to the requested amount and would add $10.0
million for the acceleration of research activities at
universities affecting combat readiness. The Senate amendment
would also authorize $10.0 million within the authorized amount
for the continuation of the DODDS Director's fund for Science,
Mathematics, and Engineering.
The conferees agree to an authorization of $231.2 million
in PE 61103D, of which $20.0 million shall be for the
continuation of the DEPSCoR program and $10.0 million for the
continuation of the DODDS Director's fund for Science,
Mathematics and Engineering. The conferees also agree to
authorize an additional $10.0 million for the Combat Readiness
Research program described on page 169 of the Senate report
(104-112) and direct that an institution awarded a contract,
grant or agreement under the program be required to contribute
at least three times the amount provided by the Federal
government to execute the program.
Chemical-biological defense program
The budget request contained $383.5 million for the
Department of Defense chemical-biological defense program,
including $243.0 million for research, development, test and
evaluation and $140.5 million for procurement of chemical and
biological defense non-medical and medical systems.
The House bill would authorize a $57.1 million increase
to the budget request for the following chemical-biological
defense research and development programs: $4.6 million for PE
61384BP; $23.5 million for PE 62384BP; $12.6 million for PE
63384BP; $4.4 million for PE 63884BP; and $12.0 million for PE
64384BP. The House bill would also authorize a total of an
additional $50.0 million in operations and maintenance funding
for chemical defense training and chemical medical defense
training in the Army, Navy, Marine Corps, and Air Force.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase to the
budget request in the following program elements: $4.6 million
for PE 61384BP; $7.8 million for PE 62384BP; $10.0 million for
PE 63384BP; and $1.6 million for PE 63884BP. The increased
authorizations would augment and accelerate research and
development in medical and non-medical chemical and biological
defense. Prior to obligation or expenditure of funds authorized
above the budget request, the conferees direct the Department
to report on the projected use of these funds.
The conferees also agree to a $50.0 million increase in
the military services operations and maintenance accounts for
chemical defense training and chemical medical defense
training. The conferees direct the Department to provide a
report to Congress on the use of this increased funding in the
Department's chemical defense training and chemical medical
defense training. Additionally, the Department is directed to
notify Congress 15 days in advance of obligation or expenditure
of funds, and to provide a justification for the use of such
funds in connection with the procurement of chemical-biological
defense equipment.
Computing systems and communications technology
The budget request included $403.9 million for computing
systems and communications technology in PE 62301E.
The House bill would reduce the budget request by $25.0
million. The House bill would authorize an additional $11.0
million for accelerated development of improved nuclear
detection and forensic analysis capabilities.
The Senate amendment would authorize an additional $3.0
million for software reuse activities and $30.0 million in
procurement for the global broadcast service.
The conferees agree to authorize $396.3 million in PE
62301E, to include: $11.0 million for nuclear monitoring and
detection; $8.0 million for global broadcast service; $7.5
million for software reuse; and a general reduction of $29.6
million.
Global broadcast service
The budget request contained no funds for global
broadcast service (GBS).
The Senate amendment would authorize $30.0 million in
weapons procurement, Navy, for a GBS pilot program. The Senate
report (S. Rept. 104-112) endorsed insertion of this technology
into the military communications master plan and the Navy's
proposal to use the ultra-high frequency follow-on (UFO)
satellite system as a host for an interim GBS capability.
Neither the House bill nor the House report (H. Rept.
104-131) addressed the subject.
The Senate recedes on the $30.0 million authorization in
weapons procurement, Navy. The conferees, however, agree to
authorize $8.0 million for fiscal year 1996 in PE 62301E to
support this effort.
The conferees endorse the Senate language regarding the
insertion of DBS/GBS technology into the communications master
plan. The conferees, however, do not believe that the
Department of Defense (DOD) has adequately evaluated all
alternatives and associated issues. The conferees support
proceeding swiftly with this program, but require additional
information before endorsing any particular technical approach
or acquisition strategy.
The conferees are aware of the time-sensitivity
surrounding the Navy's proposal to use UFO satellites 8, 9, and
10 as host platforms, and that a protracted period of study and
review may preclude this option (insofar as it is dependent on
use of satellite 8, which is currently scheduled to be launched
no later than December 1997). The conferees are also aware that
the Deputy Under Secretary of Defense for Space has tentatively
endorsed the UFO approach as an interim bridge to an objective
GBS system.
Nonetheless, the conferees remain concerned that no
detailed analysis of options and requirements has been
presented to Congress. Not wanting to prematurely endorse any
particular GBS option nor preclude any promising alternative,
the conferees direct the Under Secretary of Defense for
Acquisition and Technology to submit a report to the
congressional defense committees that addresses the following
issues regarding the development and deployment of interim and
objective GBS capabilities: (1) the military requirement to be
satisfied; (2) the cost, schedule, technical risk, and
operational effectiveness of all hosted and free-flyer options;
(3) the issues involved with the use of competitive procedures
or other than competitive procedures; and (4) the role of GBS
capabilities in the DOD's future military satellite
communications architecture and the Department's strategy for
acquiring and integrating such capabilities.
The conferees encourage early involvement by the
Commanders-in-Chief (CINCs) to ensure that GBS capabilities
support a broad range of joint missions in the CINCs' areas of
responsibility. The conferees also believe that the Under
Secretary for Acquisition and Technology should conduct a broad
survey of the capabilities and views of industry prior to
selecting a particular technical approach or acquisition
strategy.
Once the congressional defense committees have received
the report described above, the conferees would consider a
reprogramming request to satisfy any outstanding fiscal year
1996 funding requirements. The conferees' approval of such a
request would depend largely on the content of the report
submitted, the offsets identified, and the degree to which the
chosen GBS acquisition strategy is funded in the Secretary of
Defense's fiscal year 1997 budget request and Future Years
Defense Program.
Materials and electronics technology
The budget request included $226.1 million for material
and electronics technology.
The House bill would authorize an additional $3.0 million
for chemical vapor deposition (CVD) and $2.0 million for
chemical vapor composite (CVC) deposition. The bill would also
provide an additional $5.0 million for higher transition
temperature superconducting (HTS) materials, $7.5 million for
seamless high off-chip connectivity (SHOCC) and $10.0 million
for non-woven aramide fiber packaging.
The Senate amendment would authorize an additional $8.0
million for CVD and $8.0 million for HTS.
The conferees agree to authorize $242.0 million in PE
62712E, an increase of $16.0 million. This increase provides
$4.0 million each for CVC deposition and CVD diamond material
development and $8.0 million for HTS. The HTS authorization
shall include HTS wire applications and precision band pass
filters and high ``Q'' antennae for military communication
systems that operator in signal rich environments.
Counterterror technical support
The budget request included $12.0 million for the
counterterror technical support program.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $2.0
million to the budget request for the continued development of
pulsed fast neutron analysis (PFNA) cargo inspection
technology.
The House recedes.
Joint Department of Defense/Department of Energy munitions technology
development
The budget request included $16.8 million for the joint
Department of Defense and Department of Energy munitions
program.
The House bill would authorize $31.8 million for the
program, a $15.0 million increase to the budget request for
environmentally compliant demilitarization and disposal of
unserviceable, obsolete, or non-treaty compliant munitions,
rocket motors, and explosives.
The Senate amendment would authorize the budget request.
The conferees agree to a $5.0 million increase to the
budget request for joint DOD/DOE munitions technology
development (PE 63225D). In addition, the conferees agree to
provide $15.0 million for explosives demilitarization
technology (PE 63104D), discussed elsewhere in the report.
Experimental evaluation of major innovative technologies (EEMIT)
The budget request included $618.0 million for
Experimental Evaluation of Major Innovative Technologies
(EEMIT).
The House bill would authorize an additional $55.8
million for several programs, to include: global grid
communications ($5.0 million); safety and survivability ($2.0
million); synthetic theater of war ($6.8 million); cruise
missile defense ($35.0 million); and antisubmarine warfare
(ASW) ($7.0 million).
The Senate amendment would authorize an increase of $18.0
million for several programs, to include: cruise missile
defense ($10.0 million); thermophotovoltaics ($5.0 million);
and funding for a large millimeter wave telescope ($3.0
million). The Senate would also authorize a general reduction
of $10.0 million to the EEMIT program element.
The conferees agree to authorize $613.7 million in PE
63226E, the highest level of appropriation, and specifically
identify the following programs for authorization: cruise
missile defense ($10.0 million); large millimeter wave
telescope ($3.0 million); safety and survivability ($2.0
million); ASW ($5.0 million); deep ocean relocation ($2.5
million); and Crown Royal ($5.0 million).
Safety and survivability
The House bill would authorize an additional $2.0 million
in PE 65864N and an additional $2.0 million in PE 63226E for
safety and survivability enhancements.
The Senate amendment contained no additional
authorization for these purposes.
The conferees direct that of the funds authorized in PE
64864N and PE 63226E, $2.0 million each shall be used for
safety and survivability enhancements, as specified in the
House report (H. Rept. 104-131).
Shallow water anti-submarine warfare
The budget request included $16.5 million in PE 63226E
for development and demonstration of advanced technologies for
shallow water anti-submarine warfare operations.
The House bill would authorize an additional $7.0 million
to begin an assessment by ARPA and the Navy of the use of newly
developed and maturing multi-static acoustic, electromagnetic
and electro-optic sensor technologies integrated into existing
aircraft, ship, and submarine platforms in a combined system of
sensors to provide the joint amphibious operational commander
an integrated picture of the littoral maritime environment.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment. The conferees agree
to authorize an additional $5.0 million to the budget request
to continue the development and demonstration of advanced
technologies for shallow water anti-submarine warfare.
Synthetic theater of war
The budget request included $79.1 million in PE 63226E
for the Advanced Distributed Simulation program.
The House bill would authorize an additional $6.8 million
to maintain the program and schedule for the 1997 Synthetic
Theater of War (STOW-97) advanced concept technology
demonstration.
The Senate amendment would authorize the budget request.
The House recedes. The conferees are impressed by the
results of the STOW-95 demonstration and the potential to meet
the warfighting commanders' requirements for development and
integration of improved simulation technologies for training
and mission rehearsal. The conferees recognize that the STOW
program could prove to be the foundation for the future Joint
Simulations System for all the military services. The conferees
strongly encourage the Secretary of Defense to maintain funding
levels necessary to sustain the objectives and schedule of the
STOW-97 advanced concept technology demonstration.
Tactical technology
The budget request included $113.2 million for this
tactical technology program.
The House bill would authorize an additional $7.0 million
for the tactical landing system project and an additional $7.0
million for a high resolution, mobile multiple object tracking
system project.
The Senate amendment would authorize an additional $6.5
million for the tactical landing system project.
The conferees agree to authorize an additional $6.5
million in PE 63226E for completion of the tactical landing
system project and an additional $7.0 million in PE 63226E for
a high resolution, mobile multiple object tracking system.
Advanced submarine technology development
The budget request included $7.5 million in PE 63569E for
the Advanced Research Projects Agency's (ARPA's) advanced
submarine technology program.
The House bill would authorize an additional $23.0
million in PE 63569E. This increase would permit ARPA to pursue
innovative technologies that could improve the capability of
Navy submarines to operate in littoral regions, develop and
demonstrate new concepts for structural acoustics and
management of submarine signatures, and enhance the multi-
mission capabilities of Navy submarines.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $30.5 million in PE
63569E, an increase of $23.0 million. Of the $23.0 million,
$7.0 million shall only be available to continue transfer of
technology to the Navy for active control of machinery
platforms demonstrated in ARPA's Project M.
Rapid acquisition of manufactured parts
The House bill would authorize an increase of $12.0
million above the requested amount of $21.5 million in PE
63712N for the continuation of the rapid acquisition of
manufactured parts (RAMP) program.
The Senate amendment would authorize an increase of $12.0
million above the requested amount of $6.5 million in PE 63736D
for the RAMP program.
The House recedes.
Advanced lithography program
The budget request included $39.0 million in PE 63739E
for advanced lithography programs.
The House bill would authorize an additional $25.0
million in PE 63739E for advanced lithography programs.
The Senate amendment would authorize the requested
amount.
The conferees agree to authorize $6.0 million, an
additional $21.0 million, in PE 63739E, for advanced
lithography programs.
Advanced electronics technologies
The budget request included $420.0 million for advanced
electronics technologies in PE 63739E.
The House bill would authorize an additional $25.0
million for advanced lithography and a reduction of $23.6
million in project MT-07.
The Senate amendment reduced the budget request by a
cumulative $50.0 million for three separate programs.
The conferees agree to a funding level of $409.0 million,
which includes an additional $21.0 million for advanced
lithography, $7.5 million for seamless high off-chip
connectivity, and full funding for project MT-08. The conferees
consider the work of the Center for Advanced Technologies to be
worthy of continuation. The conferees note that the Department
of Defense may, at its discretion, use funds authorized in PE
61101E to continue the program at the requested level.
Joint robotics program
The budget request included $17.4 million for the joint
robotics program.
The House bill would authorize an additional $10.0
million for the mobile detection assessment response system
(MDARS).
The Senate amendment contained no similar provision.
The conferees agree to an increased funding authorization
of $5.0 million for MDARS in PE 63709D.
Advanced sensor applications program
The budget request included $17.4 million in PE 63714D
for the advanced sensor applications program.
The House bill would authorize an increase of $10.0
million to the budget request, including $5.0 million for
continued development of a research prototype laser radar anti-
submarine warfare (LIDAR ASW) system concept, which is being
investigated by the Office of the Secretary of Defense advanced
sensor applications program (OSD ASAP), and $5.0 million for
continued development of the Navy ATD-111 LIDAR ASW system. The
House bill would encourage comparative testing of the two
systems as a basis for establishing the requirement for a
follow-on system.
The Senate amendment would authorize an additional $10.0
million for upgrade test and evaluation of the ATD-111 system,
and would direct the Secretary of the Navy to prepare a plan
for acquisition and deployment of the ATD-111.
The conferees have agreed to provide $10.0 million in PE
63528N for the Navy ATD-111 non-acoustic anti-submarine warfare
program, as discussed elsewhere in this statement of managers.
The conferees strongly support the comparative evaluation of
the LIDAR ASW alternatives, and direct the Department of the
Navy and the OSD ASAP to develop jointly a plan for testing
these two alternative approaches to LIDAR ASW. The conferees
expect that funds to complete the evaluation will be included
in the fiscal year 1997 defense budget request.
Industrial preparedness (manufacturing technology) programs
The budget request included $17.8 million for the Army,
$41.2 million for the Navy, $53.3 million for the Air Force,
and $7.0 million for the Defense Agencies to fund the
manufacturing technology (MANTECH) programs within these
agencies.
The House bill would include an additional $10.0 million
for the Army, an additional $10.0 million for the Navy, and
approve the requested amount for the Air Force and the Defense.
The House bill would also transfer funding from advanced
development (6.3) program elements to industrial preparedness
(7.8) program elements.
The Senate amendment would authorize all the
manufacturing technology programs at the requested amounts and
would transfer the funding from the program elements in the
budget request.
The conferees agree to authorize funding for
manufacturing technology programs, as follows:
Millions
Army (PE 78045A)................................................ $26.8
Navy (PE 78011N)................................................ 88.0
Air Force (PE 78011F)........................................... 60.9
Def. Ag. (PE 78011S)............................................ 7.0
Integrated bridge system for MK V special operations craft
The budget request included $13.3 million in PE 1160402BB
for special operations advanced technology development.
The House bill would authorize an additional $1.5 million
for development of a prototype maritime integrated bridge
system for the MK V special operations craft to demonstrate the
potential for advanced display and control technologies to
enhance mission performance.
The Senate amendment would authorize the budget request.
The Senate recedes.
Quiet Knight advanced concept and technology demonstration
The budget request included $101.6 million in PE
1160404BB for Special Operations tactical systems development,
to include $3.5 million allocated by the U.S. Special
Operations Command to continue the Quiet Knight advanced
avionics technology demonstration.
The House bill would authorize the budget request. The
House report (H. Rept. 104-131) expressed strong support for a
Phase I (component development and demonstration) of an
advanced concept technology demonstration of Quiet Knight for
both fixed and rotary wing aircraft, and the continuation to a
Phase II full scale demonstration and flight test of the
integrated Quiet Knight capability. The House report also
expressed the expectation that funding requirements for
completion of the Phase II demonstration would be included in
the fiscal year 1997 budget request.
The Senate amendment would authorize the budget request.
The conferees support completion of the Quiet Knight
technology demonstration, and encourage the Department of
Defense to validate the requirements for advanced low
probability of intercept/low probability of detection avionics
for special operations aircraft.
Advanced SEAL delivery system
The budget request included $24.6 million in PE 1160404BB
to complete fabrication and integration of the first Advanced
SEAL Delivery System (ASDS) and begin system level testing.
The House bill would authorize an additional $4.0 million
to complete evaluation of the ASDS employed on the SSN-688
class submarine.
The Senate amendment contained a similar provision.
The conferees are pleased with the joint efforts of the
U.S. Special Operations Command and the Navy in the development
of ASDS. The conferees agree to increase the budget request by
$4.0 million to complete evaluation of the ASDS.
Rigid hull inflatable boat
The budget request contained $11.7 million for
procurement of special warfare equipment, including $10.1
million for procurement of the Naval Special Warfare 10 meter
Rigid Hull Inflatable Boat (RHIB).
The House bill would authorize the budget request.
The Senate amendment noted that the U.S. Special
Operations Command had reported that the 10 meter RHIB, on
which initial developmental effort had been focused, performed
unsatisfactorily during operational testing. As a result, a new
strategy was adopted for development of a RHIB to meet Special
Operations Forces' requirements. The Senate amendment would
authorize an increase of $4.3 million in PE 1160404BB to
support this developmental effort and would direct a
corresponding reduction in the procurement account for special
warfare equipment to offset the increase.
The House recedes. The conferees understand that the $4.3
million increase in PE 1160404BB for this purpose will support
the competitive procurement of three to four prototype RHIBs
for developmental testing and early operational assessment. The
remaining $5.8 million authorized for procurement of special
warfare RHIBs will be used to procure approximately 30 interim
24-foot RHIBs to alleviate deficiencies caused by the estimated
three-year delay in initial operation capability for the new
RHIBs.
Ballistic missile defense funding and programmatic guidance
The budget request contained $2,912.9 million for the
Ballistic Missile Defense Organization (BMDO), including
$2,442.2 million for Research, Development, Test, and
Evaluation (RDT&E), $453.7 million for Procurement, and $17.0
million for Military Construction.
The House bill would authorize an additional $628.0
million for BMDO.
The Senate amendment would authorize an additional $490.5
million for BMDO.
The conferees agree to authorize a total of $3,516.9
million for BMDO, an increase of $603.9 million above the
budget request. The conferees set forth specific funding
allocations and programmatic guidance below.
BMDO FUNDING ALLOCATION
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Conference
Program Budget Request House Change Senate Change Conference Change Outcome
--------------------------------------------------------------------------------------------------------------------------------------------------------
Support Tech............................................. 93,308 ................. ................. ................. 93,308
Support Tech............................................. 79,387 ................. +70,000 +50,000 129,387
THAAD Dem/Val............................................ 576,327 ................. ................. ................. 576,327
Hawk..................................................... 23,188 ................. ................. ................. 23,188
BM/C3 Dem/Val............................................ 24,231 ................. ................. ................. 24,231
Navy LT Dem/Val.......................................... ................. ................. ................. +185,000 185,000
Navy UT Dem/Val.......................................... 30,442 +170,000 +170,000 +170,000 200,442
Corps SAM................................................ 30,442 -10,000 +4,558 -10,000 20,442
BPI...................................................... 49,061 -20,000 -49,061 -49,061 .................
NMD...................................................... 370,621 +450,000 +300,000 +450,000 820,621
Other TMD................................................ 460,470 -37,000 +15,000 -22,000 438,470
THAAD EMD................................................ ................. +50,000 ................. ................. .................
BM/C3 EMD................................................ 14,301 ................. ................. ................. 14,301
PAC-3 EMD................................................ 247,921 ................. +104,500 +104,500 352,421
PAC-3 EMD/RR............................................. 19,485 ................. ................. ................. 19,485
Navy LT EMD.............................................. 237,473 +45,000 +45,000 -140,000 97,473
Management............................................... 185,542 -20,000 -30,000 -30,000 155,542
Patriot Proc............................................. 399,463 ................. -104,500 -104,500 294,963
Navy LT Proc............................................. 16,897 ................. ................. ................. 16,897
Hawk Proc................................................ 5,106 ................. ................. ................. 5,106
BM/C3 Proc............................................... 32,242 ................. ................. ................. 32,242
BMDO Milcon.............................................. 17,009 ................. ................. ................. 17,009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Theater High Altitude Area Defense (THAAD)--The conferees
agree to authorize the budget request of $576.3 million in PE
63861C for THAAD Demonstration/Validation (Dem/Val).
The conferees endorse the language in the House report
(H. Rept. 104-131) and the Senate report (S. Rept. 104-112)
regarding the THAAD User Operational Evaluation System (UOES)
option, and the need to ensure a smooth and timely transition
from the Dem/Val phase to the Engineering and Manufacturing
Development (EMD) phase. The conferees direct the Secretary of
Defense to restructure the THAAD program so as to achieve a
First Unit Equipped (FUE) by fiscal year 2000. The conferees
believe that this objective can be facilitated by making only
minor modifications to the UOES design and beginning Low-Rate
Initial Production as soon as the EMD missiles have been
adequately tested. Subsequent performance improvements to the
initial system configuration should be incorporated through
block upgrades, as appropriate and necessary. The conferees
note that this approach would reduce overall THAAD development
costs while significantly accelerating fielding of an
operational system. Therefore, the conferees urge the Secretary
of Defense to release the THAAD engineering and manufacturing
development (EMD) request for proposal. Finally, the conferees
direct the Secretary of Defense to promptly initiate
development of all battle management software for the THADD
system, including that necessary to receive cuing information
from external sensors.
Navy Upper Tier--The budget request included $30.4
million in PE 63868C for the Navy Upper Tier program.
The conferees agree to authorize an increase of $170.0
million for a total Navy Upper Tier authorization of $200.4
million. The conferees direct the Secretary of Defense to
include the Navy Upper Tier program in the core theater missile
defense (TMD) program and to structure the Navy Upper Tier
development and acquisition program so as to achieve an initial
operational capability (IOC) not later than fiscal year 2001,
with a UOES capability not later than fiscal year 1999. The
conferees look forward to receiving the results of the various
studies that are assessing Navy Upper Tier technical issues and
deployment options. The conferees agree to require the Director
of BMDO to provide a status report to the congressional defense
committees, not later than March 1, 1996, that summarizes the
findings and recommendations (as available) of these analyses.
The Director of BMDO should include in such report an
assessment of options for reducing risk and enhancing
competition in the Navy Upper Tier program, including the
option of establishing a competitive development and flight
test program between the Lightweight Exoatomospheric Projectile
(LEAP) and THAAD kill vehicles.
The conferees believe that competition within the Navy
Upper Tier program is desirable, but do not support the notion
of competition between the Navy Upper Tier and THAAD programs.
The conferees are convinced that the United States can and
should develop and deploy both sea-based and land-based upper
tier programs. Although there may be an opportunity to reduce
the number of TMD programs being developed by the Department of
Defense, the conferees strongly oppose the notion of a
competition and down-select between the THAAD and Navy Upper
Tier systems. The conferees view these as critical and
complementary systems.
Patriot--The budget request included $247.9 in PE 64865C
for PAC-3 EMD, $19.5 million in PE 64866C for PAC-3 risk
reduction, and $399.5 million for Patriot procurement.
The conferees agree to authorize the overall amount
requested for the Patriot program and related activities.
Within this overall authorization, the conferees agree to
transfer $104.5 million from Patriot procurement to PAC-3 EMD,
a total authorization of $352.4 million in PE 64865C.
Navy Lower Tier--The budget request included $237.5
million in PE 64867C for Navy Lower Tier EMD and $16.9 million
for Navy Lower Tier procurement.
The conferees agree to authorize an increase of $45.0
million for Navy Lower Tier Dem/Val and to transfer $140.0
million from Navy Lower Tier EMD to Navy Lower Tier Dem/Val, a
total of $185.0 million in PE 63867C.
Corps SAM--The budget request included $30.4 million in
PE 63869C for the Corps Surface to Air Missile (Corps SAM)
system.
The conferees agree to authorize $20.4 million for Corps
SAM, a reduction of $10.0 million. Although the conferees
support the Corps SAM requirement, they remain concerned by
several aspects of the current Corps SAM program, now known as
the medium extended air defense system (MEADS). The conferees
support an effort to explore alternative means to satisfy the
Corps SAM requirement. Given the investments that have already
been made in developing systems such as PAC-3 and THAAD,
reintegration of existing systems and technologies may offer an
achievable, cost-effective, and expeditious alternative. The
conferees direct the Secretary of Defense to submit a report to
the congressional defense committees on the options associated
with the use of existing systems, technologies, and program
management mechanisms to satisfy the Corps SAM requirement,
including an assessment of cost and schedule implications. The
conferees direct that, of the funds authorized in fiscal year
1996 for the Corps SAM program, not more than $15.0 million may
be obligated until such report has been submitted to the
congressional defense committees.
Boost-Phase Intercept--The budget request included $49.1
million in PE 63870C for the kinetic energy Boost-Phase
Intercept (BPI) program.
The House bill would authorize $29.1 million for the
kinetic BPI program.
The Senate amendment would authorize no funds for the
kinetic BPI program in PE 63870C. However, the Senate amendment
would authorize $15.0 million in the Other TMD (OTMD) program
element (PE 63872C) to initiate a joint United States-Israel
BPI program based on unmanned aerial vehicles (UAVs).
The conferees agree to authorize no funds for the kinetic
BPI program due to continuing skepticism about the operational
and technical effectiveness of a BPI system based on a manned
tactical aircraft. However, the conferees agree to authorize
the use of up to $15.0 million, from within funds made
available in the OTMD program element, for a UAV-based BPI
program. The conferees support a joint U.S.-Israel UAV-BPI
program focused on risk mitigation, provided that an equitable
cost-sharing arrangement can be reached and that the program
will be structured to satisfy the BPI requirements of both
sides. The conferees also support continuation of the
Atmospheric Interceptor Technology (AIT) program, which is
being developed as an advanced multi-purpose kill vehicle. The
conferees authorize the use of up to $30.0 million, from within
funds made available in the OTMD program element, to continue
the AIT program. The conferees are disappointed that the
Department has not completed its review of BPI programs and
options in time to inform the conferees' deliberations and
decisions. Therefore, the conferees agree to require the
Director of BMDO to submit a report to the congressional
defense committees, not later than February 1, 1996, that
summarizes the findings and recommendations of the Department's
BPI study. This report should also address promising options
and technical approaches associated with a UAV BPI program.
Other TMD--The budget request contained $460.5 million in
PE 63872C for OTMD programs, projects, and activities.
The House bill would authorize $423.5 million for OTMD.
The Senate amendment would authorize $475.5 million,
including the $15.0 million for the UAV-BPI program cited
above.
The conferees agree to authorize $438.5 million for OTMD.
Of this amount, the conferees authorize the use of up to $15.0
million to explore a UAV-BPI program and up to $30.0 million to
continue the AIT advanced kill vehicle program.
National Missile Defense--The budget request contained
$370.6 million in PE 63871C for National Missile Defense (NMD).
The House bill would authorize $820.6 million for NMD.
The Senate amendment would authorize $670.6 million for
NMD.
The conferees agree to authorize $820.6 million for NMD.
The conferees provide detailed programmatic guidance on NMD
elsewhere in this Statement of Managers.
Support Technologies--The budget request contained $93.3
million in PE 62173C and $79.4 million in PE 63173C for
ballistic missile defense (BMD) support technologies.
The House bill would authorize the budget request for BMD
Support Technologies.
The Senate amendment would authorize an increase of $70.0
million in PE 63173C for the Space-Based Laser (SBL) program.
The conferees agree to authorize the budget request in PE
62173C and to authorize an increase in the SBL program of $50.0
million, for a total authorization of $129.4 million in PE
63173C. The conferees believe that it is critical for the
United States to continue developing the technology for space-
based defenses, to preserve the option of deploying highly
effective global defenses in the future. The conferees note
that a space-based laser would likely be the most effective
system for intercepting ballistic missiles of virtually all
ranges in the boost phase. Therefore, the conferees direct the
Secretary of Defense to take the following actions: (1)
continue integration and testing of the laser, mirror, and beam
control components of the Alpha-Lamp Integration program; (2)
accelerate design activities on the StarLITE space
demonstration configuration; (3) produce the concept of
operations and design requirements for a follow-on operational
space-based laser deployment; and (4) revitalize the technology
development efforts most likely to yield significant cost and
weight savings for a future SBL spacecraft. The conferees
direct the Secretary of Defense to ensure that sufficient funds
are provided in the outyears for continuation of a robust SBL
effort, and submit to the congressional defense committees, by
March 1, 1996, a report that outlines a program and funding
profile that could lead to an on-orbit test of a demonstration
system by the end of 1999 if approved.
The conferees note that the Director, BMDO, has testified
to Congress that BMDO's follow-on technology programs are
severely under-funded and that the Director is seeking to
increase such funding to approximately 12 percent of the
overall BMDO budget. The conferees support the efforts of the
Director of BMDO to increase funding for advanced technology
development. However, the conferees note that such increases
will require an overall increase in the funds allocated to
BMDO. The conferees support such an increase in order to
reinvigorate and advanced technology programs and to help
sustain the development and acquisition activities endorsed by
the conferees.
BMDO is required to set aside 2.15 percent of extramural
research, development, test, and evaluation authorized and
appropriated (RDT&E) funds for Small Business Innovative
Research (SBIR) efforts. Since the conferees recommend a level
of funding for BMD programs exceeding the budget request, and
programmed funding for SBIR represents a level below the
mandated percentage, the Director of BMDO is authorized to
transfer such funds as necessary from BMD program elements into
PE 62173C to achieve the required percentage for SBIR.
BMDO Management--The budget request contained $185.5
million in PE 65218C for BMD Management.
The House bill would authorize $165.5 million for BMDO
Management.
The Senate amendment would authorize $155.5 million for
BMDO Management.
The conferees agree to authorize $155.5 million for BMDO
Management. The conferees recognize that BMDO must maintain the
integrity of its oversight of the overall BMD program. The
conferees are concerned, however, that BMD management
infrastructure may be unnecessarily duplicated in one or more
of the services. Therefore, the conferees direct that BMDO
identify any such duplication and take actions to eliminate it.
The conferees request that the Director of BMDO consult with
the Senate Committee on Armed Services and the House Committee
on National Security regarding the Director's findings and
proposed actions. The conferees further direct that BMDO show
no increase in fiscal year 1997, after adjustments for
inflation and any change in mission, over the level
appropriated for management in fiscal year 1996.
Cruise missile defense funding
The House bill would authorize an increase of $76.0
million above the budget request for cruise missile defense
programs, projects, and activities.
The Senate amendment would authorize an increase of
$145.0 million above the budget request for a similar group of
programs, projects, and activities.
The conferees agree to authorize an increase of $85.0
million above the budget request for cruise missile defense
programs, projects, and activities. The conferees provide
additional guidance in the classified annex.
ITEMS OF SPECIAL INTEREST
Anti-submarine warfare program
The conferees share the concerns raised in the House
report (H. Rept. 104-131), and in the classified annex to that
report, regarding the apparent decline in priority of the
Navy's anti-submarine warfare (ASW) program. The conferees
agree that there is a need for an assessment of the nation's
overall ASW program. The conferees' concerns are addressed
further in the classified annex to this Statement of Managers.
The conferees direct the Secretary of Defense to assess
the current and projected United States ASW capability in light
of the continuing development of quieter nuclear submarines,
the proliferation of very capable diesel submarines, the sale
of sophisticated, submarine launched weapons, and the declining
trend in budget resources associated with ASW programs. This
assessment should identify both short-term and long-term
improvements that are needed to cope with the evolving
submarine threat in both littoral and open ocean areas. The
results of this assessment and the plan for the United States
ASW program shall be reported to the congressional defense
committees by July 1, 1996.
Geosat follow-on program
The House report (H. Rept. 104-131) addressed the issue
of converging the Navy's Geosat Follow-On (GFO) altimetry
program with the National Aeronautics and Space
Administration's TOPEX/Poseidon Follow-On (TPFO) altimetry
program.
The Senate report (S. Rept. 104-112) did not address the
issue.
The conferees share the concerns raised in the House
report. The conferees are dismayed that the report to Congress
on altimetry convergence was submitted more than three months
later than an already extended deadline. The conferees are also
troubled that the report recommends proceeding with the TPFO
option, despite the fact that this approach would cost more,
not involve U.S. construction and control of the satellite, and
not provide the same level of data security. The TPFO option
would require the Navy to spend an additional $5.2 million, for
which it has not budgeted, to add global positioning system
(GPS) and direct downlink capabilities critical for satisfying
Navy requirements. The conferees direct that no funds
authorized for the Department of Defense be obligated or
expended during fiscal year 1996 for activities associated with
adding GPS and direct downlink capabilities to TPFO.
High performance computing modernization program
In addition to supporting efforts to reduce the RDT&E
infrastructure, the conferees continue to support investment in
high performance computing (HPC) resources for use in the
developmental test and evaluation (DT&E) community and
recognize the need for a transition to HPC-based resources,
integrated DT&E, and operational test and evaluation (OT&E).
The conferees direct the Secretary of Defense to prepare a
long-term plan for modernization of HPC resources at test and
evaluation centers, and for the integration of HPC-based
models, advanced data bases, and other decision support
resources into the RDT&E infrastructure. In preparing the plan,
the Secretary should rely on the collaborative input from the
Director of Defense Research and Engineering, the Director of
Test Systems Engineering and Evaluation, and the Director of
Operational Test and Evaluation. The plan shall address
budgeting options that provide for a realistic program and
propose financing methods that can insure that needed
infrastructure investments are made in a timely manner. The
conferees direct the Secretary to submit the proposed plan with
the Department of Defense budget recommendations to the
congressional defense committees, no later than March 31, 1996.
Low-low frequency acoustics
The conferees share the understanding expressed in the
House report (H. Rept. 104-131) that of the funds authorized
and appropriated in fiscal year 1994 and 1995 for the low-low
frequency acoustics (LLFA) technology program approximately
$30.0 million remain available and are sufficient to continue
the program through fiscal year 1996. The conferees further
understand that the fiscal year 1996 program will focus on
operational concepts for the LLFA, technical performance,
command and control, environmental considerations, and the
transition of the LLFA technology to existing fleet platforms.
The conferees agree with the House that based on the emerging
results of the fiscal year 1996 program consideration of
additional funding for LLFA technology program, should be
deferred until the fiscal year 1997 budget request.
Machine tool controller
The conferees are aware of a recent cooperative research
and development agreement, entered into by the Department of
Energy, two national laboratories, and a private sector
consortium, to develop and test an open-architecture machine
tool controller. The conferees encourage the Secretary of
Defense to develop a plan to ensure a thorough evaluation of
the technology and its application to the specific needs of
defense contractors.
National security space policy, management, and oversight
The House report (H. Rept. 104-131) and the Senate report
(S. Rept. 104-112) each contained reporting requirements
concerning policy, management, and oversight of U.S. national
security space programs. In lieu of the reporting requirements
contained in those reports, the conferees direct the Secretary
of Defense to submit a report to the Congress, not later than
April 15, 1996, that addresses in detail the following matters:
(1) The results of the Administration's reviews of
U.S. national and military space policies--The
conferees direct that copies of any updated policy
directives (including unclassified and classified
forms) that result from the reviews be included as
attachments to the Secretary's report. The conferees
view the Administration's decision to initiate such
reviews as appropriate in light of changes in the
international security environment, and expect the
reviews will be completed in time to permit
Departmental witnesses to discuss the results in
hearings on the President's fiscal year 1997 budget
request.
(2) The activities of the Joint Department of
Defense Intelligence Community Space Management Board
(JSMB)--The report shall include a copy of the charter
for the Board and a description of its planned
functions, operations, and staffing. The report shall
address the responsibilities for the development of an
integrated national security space architecture and the
integrated acquisition of national security space
systems. In addition, the report shall describe the
Board's plans for reviewing military and intelligence
satellite communications architectures and systems. The
conferees endorse the establishment of the JSMB, noting
that improved integration of military and intelligence
satellite architectures and systems can result in
significant cost-savings and efficiencies in the
acquisition and operation of those systems.
(3) The status of and plans for completing a
national security space master plan to guide
investments in military and intelligence space
architectures and systems for the coming decade--The
conferees note with concern that the Department failed
in a similar, but more narrowly focused, undertaking
when, in the Statement of Managers to accompany the
National Defense Authorization Act for Fiscal Year 1993
(H. Rept. 102-966), the conferees directed the
Department to develop ``a comprehensive acquisition
strategy for developing, fielding, and operating DOD
space programs.'' Nonetheless, the conferees applaud
the decision of the Deputy Under Secretary of Defense
for Space to begin drafting such a master plan, and
request that the report include an estimated completion
date for the plan.
(4) The Department's plans for ensuring that, even
as oversight of national security space acquisition and
planning is centralized, each of the military services
is able to influence decisions regarding space
architectures and systems--The conferees direct that
the report include: (a) an assessment of progress to
date in centralizing DOD space management; (b) the
organizational structure that will be achieved upon
completion of the planned consolidation, and an
estimated completion date for such consolidation; (c) a
description of how the DOD plans to protect service-
unique interests and other equities in the new
centralized organization; (d) the anticipated
reductions in personnel and infrastructure that will
result from such consolidation; and (e) the degree to
which effectiveness and efficiency will be enhanced by
the new structure and associated procedures.
The conferees are aware that the Department has
established a Space Architect Office as part of the space
management reorganization. Given that this is a new function
and organization, budget planning was not completed prior to
submittal of the amended fiscal year 1996 budget request.
Therefore, the conferees agree to authorize the use of up to
$10.0 million in Air Force research, development, test, and
evaluation funds to operate the Space Architect Office in
fiscal year 1996.
Shortstop
The conferees stress the need to move forward without
delay on the Shortstop countermeasure system, and encourage the
Secretary of the Army to maintain funding for the currently
planned program leading to procurement.
Softwar operations
The conferees direct the Air Force's Phillips Laboratory
Combat Space Operations Program Office to examine the use of
commercially developed Information Warfare Systems that use
television enhanced situational awareness for ``softwar''
operations. The Secretary of the Air Force shall report to the
congressional defense committees by January 1, 1996 on the
results of the Phillips Laboratory examination and the
possibility to fund a technology demonstration in ``softwar''
operations. The conferees direct the Secretary to pursue this
technology if the examination results in a favorable
recommendation.
LEGISLATIVE PROVISIONS
Legislative Provisions Adopted
Subtitle A--Authorization of Appropriations
Modifications to strategic environmental research and development
program (sec. 203)
The House bill contained a provision (sec. 203) that
would make certain modifications to chapter 172 of title 10,
United States Code, which governs the Strategic Environmental
Research and Development Program.
Senate amendment contained no similar provision.
The Senate recedes with an amendment that would
streamline and simplify program activities, facilitate program
management, and promote cost effectiveness. The existing annual
reporting requirement would continue until fiscal year 1997, at
which point an abbreviated annual reporting requirement would
become effective. The Senate amendment would ensure that the
level of participation by the Secretary of Energy would not be
subject to change. The conferees agree that there is a
continuing need for Department of Energy participation in the
program, and the retention of some reporting requirements.
Defense dual-use technology initiative (sec. 204)
The House bill would deny the entire funding request of
$500.0 million for the Defense Reinvestment Program (PE
63570E).
The Senate amendment would rename the program the Defense
Dual-Use Technology Initiative and reduce the requested
authorization for the program by $262.0 million.
The conferees agree to change the name of the program and
to authorize $195.0 million for the program. The conferees have
included a provision that would limit the availability of the
funds authorized in PE 63570E only for the purpose of
continuation or completion of projects initiated before October
1, 1995. The conferees have also included language that would
require the Secretary of Defense, prior to obligation of funds,
to provide the congressional defense committees with notice
regarding the projects to be funded with $145.0 million of the
amount authorized for the program. The conferees have also
required that, for the remaining $50.0 million of the total
amount authorized, the Secretary should certify, prior to
obligation of funds, that the projects that would be carried
out using such funds have been determined by the Joint
Requirements Oversight Council to be of significant military
priority.
Subtitle B--Program Requirements, Restrictions, and Limitations
Space launch modernization (sec. 211)
The House bill contained a provision (sec. 211) that
would authorize $100.0 million for a competitive reusable
rocket technology program, and $7.5 million for evaluation of
prototype hardware of low-cost expendable launch vehicles.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize
$50.0 million for a competitive reusable rocket technology
program, provided that the National Aeronautics and Space
Administration allocates at least an equal amount for its
reusable space launch program.
Tactical manned reconnaissance (sec. 212)
The House bill contained a provision (sec. 213) that
would prohibit the Air Force from conducting any research and
development on tactical manned reconnaissance systems.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require a
report explaining the Air Force's planned uses of funds for the
tactical manned reconnaissance mission.
Joint advanced strike technology (JAST) program (sec. 213)
The budget request included three requests for research
and development funding for the joint advanced strike
technology (JAST) program: $149.3 million for the Navy, 151.2
million for the Air Force, and $30.7 million for the Advanced
Research Projects Agency.
The House bill contained a provision (sec. 216) that
would reduce the request for JAST by $51.0 million, evenly
divided between the Navy and the Air Force, and limit to 75
percent the obligation of fiscal year 1996 appropriations until
the Secretary of Defense provides a report to the congressional
defense committees. The provision would require that the
Secretary's report specify the numbers and capabilities of
JAST-derivative aircraft and related weapons systems necessary
to support two major regional contingencies.
The Senate amendment would approve the JAST request. The
Senate amendment also contained a provision (sec. 211) that
would require the Navy to evaluate a variant of the F-117
stealth fighter to fulfill Navy requirements within the JAST
program. The Senate amendment would add $175.0 million to the
Navy program for this propose, with $25.0 million to provide
initial engineering analysis and specific risk reduction
efforts, and $150.0 million to develop a flying prototype.
Authorization of a flying prototype would be contingent on
approval by the Secretary of the Navy's approval of results of
initial analytical efforts.
The Senate report (S. Rept. 104-112) questioned whether
the program could fulfill the needs of the three services, and
directed the Department to include two separate approaches in
the JAST program to reduce program risk. The Senate amendment
directed the Secretary of the Navy to:
(1) ensure that the JAST program leads to
competitive demonstration involving tests of full
scale, full thrust aircraft by competitors to provide
test data for evaluation by the services; and
(2) evaluate at least two propulsion concepts from
competing engine companies as part of those
demonstrations.
Subsequent to passage of the Senate amendment and the
House bill, the Department redefined the JAST program. Although
additional resources will be necessary, from fiscal year 1997
onward, to execute this new program, these changes have led to
fiscal year 1996 deferral of $131.0 million.
The conferees share the concerns expressed in the Senate
report (S. Rept. 104-112) regarding the lack of engine
competition and the size of flying prototypes. The conferees
direct the Under Secretary of Defense (Acquisition &
Technology) (USD (A&T)) to ensure that: (1) the Department's
JAST program plan provides for adequate engine competition in
the program; and (2) the scale of the proposed demonstrator
aircraft is consistent with both adequately demonstrating JAST
concepts and lowering the risk of entering engineering and
manufacturing development (EMD). The conferees direct the
Secretary of Defense to include in the report required by
section 213(d) the Department's plan for competitive engine
programs and demonstrator aircraft.
The conferees recommend authorization of funds reflecting
these changes, and agree to a provision (sec. 213) that would:
(1) require that the Secretary of Defense provide a
report to the congressional defense committees
specifying the:
(a) the numbers and capabilities of JAST-
derivative aircraft and related weapons systems
required to support two major regional
contingencies; and
(b) the department's plan for competitive
engine programs and demonstrator aircraft;
(2) limit obligations for the JAST program to no
more than 75 per cent of fiscal year 1996
appropriations, until the Secretary of Defense provides
this report;
(3) authorize up to $25.0 million from Navy
Research, Development, Test and Evaluation to conduct a
six month program definition phase for the A/F-117X to
determine whether such an aircraft could affordably
meet the Navy's next generation aircraft strike
requirements;
(a) if the USD (A&T) determines that a six
month definition phase is warranted, he shall
provide a report on the results of the concept
definition phase to the congressional defense
committees, not later than May 1, 1996;
(b) if the USD (A&T) determines otherwise
and certifies that an A/F-117X aircraft is not
needed to meet the Navy requirements and is not
a cost effective approach to meeting Navy
needs, the provision would allow the Department
to use the $25.0 million for other JAST
activities.
(4) authorize $7.0 million for competitive engine
concepts.
Continous wave, superconducting radio frequency, free electron laser
(sec. 214)
The House bill contained a provision (sec. 217) that
would authorize $9.0 million in PE 62111N for the establishment
of a continuous wave, superconducting radio frequency, free
electron laser program within the Office of the Secretary of
the Navy.
The Senate amendment contained no similar provision.
The Senate recedes.
Navy mine countermeasure program (sec. 215)
The Senate amendment contained a provision (sec. 212)
that would transfer primary responsibility for developing and
testing naval mine countermeasures from the Director, Defense
Research and Engineering to the Under Secretary of Defense for
Acquisition and Technology. It would provide for the exercise
of this responsibility during fiscal years 1997 through 1999.
The House bill contained no similar provision.
The House recedes with an amendment that would establish
fiscal years 1996 through 1999 as the period for exercise of
the responsibility.
The conferees note that section 216(b) of the National
Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190) provides that the Secretary of Defense may
waive this assignment of responsibility if he annually
certifies the adequacy of:
(1) the mine countermeasures master plan prepared
by the Department of the Navy; and
(2) the budget resources provided for
implementation of the plan.
Space-based infrared system (sec. 216)
The Senate amendment contained a provision (sec. 214)
that would accelerate development and deployment of the Space
and Missile Tracking System (SMTS), formerly known as Brilliant
Eyes, and that would require the Secretary of the Air Force to
obtain the concurrence of the Director of the Ballistic Missile
Defense Organization (BMDO) before implementing any decision
that would impact the SMTS program.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to establish a program baseline for
the overall Space-Based Infrared System (SBIRS) program. The
baseline would include the following:
(1) overall program structure, including: (A)
program cost and an estimate of the funds required in
each fiscal year in which development and acquisition
activities are planned, (B) a comprehensive schedule
with program milestones and exit criteria, and (C)
optimized performance parameters for each segment of
the integrated system;
(2) a development schedule for SMTS structured to
achieve the first launch of a Block I satellite in
fiscal year 2002, and initial operational capability
(IOC) of the system in fiscal year 2003;
(3) full integration of SMTS into the overall SBIRS
architecture; and
(4) establishment of the performance parameters of
all space segment components so as to optimize the
performance of the integrated system while minimizing
unnecessary redundancy and cost.
The provision adopted by the conferees would require the
Secretary of Defense to provide a report to the congressional
defense committees on the SBIRS program baseline not later than
60 days after the enactment of this Act.
The conference provision would also establish the
following program elements for the SBIRS program:
(1) Space Segment High;
(2) Space Segment Low (SMTS); and
(3) Ground Segment.
The conference provision requires the SBIRS baseline to
include an SMTS IOC by fiscal year 2003 to support national and
theater missile defenses. The conferees understand that the Air
Force has defined this IOC as consisting of 12-18 satellites.
The conferees urge the Air Force to make every effort to
achieve an 18 satellite IOC by fiscal year 2003.
In accelerating the SMTS program, it is not the
conferees' intent to reduce the priority and importance of the
SBIRS High components. The conferees endorse the schedule that
the Air Force has established for the SBIRS High components.
The SBIRS program should feature complementary and mutually
supportive elements that do not include excessive technical and
functional redundancy.
Although SMTS can, over time, become a multi-functional
sensor system capable of fulfilling missions such as technical
intelligence and battlespace characterization, the conferees
direct the Air Force to ensure that the SMTS Flight
Demonstration System (FDS) and Block I system be designed
primarily to satisfy the missile defense mission. Missions not
related to theater and/or national ballistic missile defense
should not be allowed to add significant cost, weight or delay
to the SMTS FDS or Block I system. This scaled-down approach
will ameliorate the technical challenges associated with an
accelerated schedule while contributing to overall
affordability.
To support this schedule and missile defense focus, the
conferees direct the Secretary of Defense to commence SMTS pre-
engineering and manufacturing development (EMD) activities in
fiscal year 1996 and to ensure that the FDS and Block I
satellites are equipped with long-wave infrared sensors. The
conferees endorse the design characteristics specified in the
Senate report (S. Rept. 104-112) regarding the objective SMTS
system. The conferees have authorized sufficient funds in
fiscal year 1996 to commence these activities and to prepare
the way for a fiscal year 1998 FDS launch.
Over time, as the Air Force gains operational experience
with the High and Low Block I systems, it is likely that SMTS
will be able to assume a much larger share of the SBIRS
requirements burden. In the meantime, the conferees urge the
Secretary of Defense to initiate technical and cost trade
studies among the SBIRS space systems and include any
preliminary findings and recommendations in the SBIRS baseline
report.
The budget request for SBIRS included $130.7 million for
demonstration/validation (Dem/Val), $152.2 million for EMD, and
$19.9 million for procurement. Of the funds requested for Dem/
Val, $114.8 million was for SMTS. The conferees agree on the
following authorizations:
(1) $265.7 million in PE 63441F for SBIRS Dem/Val,
of which $249.8 million is for SMTS; and
(2) $162.2 million in PE 64441F for SBIRS EMD, of
which $9.4 million is for the Miniature Sensor
Technology Integration (MSTI) program.
The conferees are aware of a recent proposal to increase
competition and reduce risk in the SMTS program through a low-
cost flight experiment. The conferees direct the Air Force and
BMDO to carefully assess the merits of this concept and to
include their joint findings and recommendations in the SBIRS
baseline report. * * *
Defense Nuclear Agency programs (sec. 217)
The budget request contained $219.0 million for research
and development at the Defense Nuclear Agency (DNA).
The Senate amendment contained a provision (sec. 216)
that would authorize $242.0 million for fiscal year 1996 for
research and development programs (PE 62715H), a $23.0 million
increase to the budget request. The increase would provide:
$3.0 million for the establishment of a tunnel
characterization/neutralization program; $6.0 million for the
establishment of a long-term radiation tolerant
microelectronics program and require the Secretary to report to
Congress on the program and future year funding; $4.0 million
for the electro-thermal gun program; and transfer the Air Force
thermionics program and any unobligated funds to the DNA and
provide $10.0 million to accelerate that program.
The House report (H. Rept. 104-131) would provide a $4.0
million increase to the budget request for the electro-thermal
gun technology.
The conferees agree to a provision that would authorize
$241.7 million, a $22.7 million increase above the budget
request, for DNA research and development programs (PE
0602715H). Of that amount, $3.0 million shall be available for
a tunnel characterization/neutralization program, $4.0 million
shall be available for the electro-thermal gun technology
program, $6.0 million shall be available for the establishment
of a long-term radiation tolerant microelectronics program and
development of long pulse, high power microwave technology; and
$4.0 million shall be available for the counterterror
explosives research program. Additionally, the Secretary is
directed to provide a report to Congress, 120 days after
enactment of this Act, on the conduct of the long-term
radiation tolerant microelectronics program and future years
funding for this program. The remainder of the increase should
be used to supplement the tunnel characterization/
neutralization program and the long-term radiation tolerant
microelectronics program, as appropriate.
TUNNEL CHARACTERIZATION/NEUTRALIZATION PROGRAM
The conferees understand that the Department of Defense
has allocated $10.0 million of funds requested in the budget
for the counterproliferation support program for a tunnel
characterization/neutralization program. Although the DNA
tunnel characterization/neutralization target tests and program
would be executed independently of the Department's
counterproliferation efforts, the conferees expect close
coordination between the two programs to ensure that common
concerns are addressed. The acceleration), the conferees
authorize the use of up to $40.0 million of the funds
authorized for SMTS in fiscal year 1996 to begin a low-cost
flight experiment.
The conferees congratulate the Air Force and BMDO for
reaching agreement on the acquisition management relationship
for execution of the SMTS program. In light of the Memorandum
of Agreement between the Air Force Acquisition Executive and
the Director of BMDO, the Senate recedes on its language
dealing with management oversight of the SMTS program. As with
all aspects of the SMTS program, however, the conferees will
continue to monitor management oversight with great interest.
If the present management structure does not fulfill the
expectations of the conferees, or lead to implementation of the
guidance provided above, the conferees will reconsider
transferring SMTS back to BMDO.
* * * * * * *
thermionics
The conferees direct the transfer of the thermionics
conversion technology from the Air Force Weapons program (PE
62601F), together with all unobligated funds authorized and
appropriated in prior years, totalling around $12.0 million, to
the Defense Nuclear Agency program (PE 62715H).
Counterproliferation support program (sec. 218)
The budget request contained $108.2 million for the
defense counterproliferation support program.
The Senate amendment contained a provision (sec. 217)
that would authorize $144.5 million for the program, a $36.3
million increase to the budget request. Of the funds authorized
in this section, $6.3 million would be available to the Special
Operations Command (SOCOM) for purposes of broadening SOCOM's
counterproliferation activities and $30.0 million would be
available for the continuation of the Army tactical
antisatellite technologies (ASAT) program (PE 63392A) for a
user operation evaluation system (UOES) contingency capability.
The provision would authorize the Department of Defense to
transfer up to $50.0 million from fiscal year 1996 defense
research and development accounts for counterproliferation
support activities.
The House bill would authorize the budget request for the
counterproliferation support program and include $11.0 million
for the development of improved nuclear detection and forensics
analysis by the Advanced Projects Research Agency (ARPA).
The conferees agree to a provision that would authorize
$138.2 million for the counterproliferation support program, of
which $30.0 million shall be available for the continuation of
the Army tactical antisatellite technologies program. Of the
funds authorized in fiscal year 1996, the conferees recommend
that $1.5 million be available for the exploration of the
``deep digger'' concept for hard target characterization, and
that $5.0 million be available for the high frequency active
auroral research program (HAARP).
The conferees acknowledge concerns raised in the Senate
report (S. Rept. 104-112) regarding the need for the Department
to continue the aggressive pursuit of discriminate detection
and attack capabilities of deep underground structures. The
Department should continue to develop the capability to detect
and defend against biological agents through the use of
technologies, available through universities and non-profit
industries, that have been developed for biological detection,
emergency preparedness and response. The Department should also
continue to develop a capability to counter technological gains
by proliferant countries that could gain access to a broad mix
of commercial-off-the-shelf space technologies which could
provide these countries with significant space capabilities or
access to space-derived data and could negatively impact a
spectrum of multi-service and joint warfighting capabilities.
tactical antisatellite technology
The conferees direct the Secretary of Defense to include
sufficient resources in fiscal year 1997, and throughout the
future year defense plan (FYDP), for the following: a user
operation evaluation system (UOES) contingency capability to
produce 10 kill vehicles with the appropriate boosters by
fiscal year 1999; a review to determine the appropriate
management structure and military service responsibility;
report on the current status of antisatellite development
worldwide and the degree to which United States antisatellite
development efforts may contribute to similar development among
other nations and their impact on U.S. operational
capabilities; and to report the Department's recommendations to
Congress in the fiscal year 1997 budget request. To avoid
significant or lengthy delays in developing a needed
capability, the conferees direct the Department to leverage, or
build upon the current Army tactical antisatellite technology
program. The conferees note that authorization of funds for
continued development of the tactical antisatellite system does
not constitute a decision to deploy the system.
mission planning and analysis
The conferees recommend that $2.5 million from Air Force
operation and maintenance (O&M) be made available for Strategic
Air Command (STRATCOM) mission planning and analysis. The
STRATCOM program provides support to the regional commanders-
in-chief (CINCs) in advance planning for counterproliferation
contingencies. This program aids commanders in identifying and
characterizing current and emerging proliferation threats. In
instances in which proliferation activities challenge the
interests of the United States and its military forces and
operations, STRATCOM mission planning and analysis capabilities
allow defense planners to: identify a variety of potential
military targets; assess the effectiveness, consequences and
costs of military options; and develop alternative contingency
plans that would maximize mission effectiveness, and minimize
the risks, costs, and collateral effects.
improved nuclear detection and forensic analysis capabilities
Due to an increase in international terrorism and
attempts by criminal elements to acquire weapons-grade nuclear
material, the conferees recommend $11.0 million to accelerate
the development of improved nuclear detection and forensic
analysis capabilities in PE 62301E, project ST23. The conferees
direct the ARPA to closely coordinate its efforts in this area
closely coordinate with the counterproliferation support
program manager in the Department of Defense and the
interagency group on counterproliferation.
Nonlethal Weapons Program (sec. 219)
The Senate bill contained a provision (sec. 218) that
would establish a new, consolidated program for non-lethal
systems and technology. The program would be managed by the
Office of Strategic and Tactical Systems of the Under Secretary
of Defense for Acquisition and Technology. The provision would
create a new program element within the defense budget for this
program, and transfer funds from PE 603570D, PE 603750D, PE
603702E, and PE 603226E into this new program element.
The House bill contained no similar provision.
The House recedes with an amendment that would express
congressional recognition of the U.S. armed forces increasing
role in operations other than war, recognition of support for
the use of nonlethal weapons and systems across the spectrum of
conflict, and concern that development of these technologies is
being spread across the budgets of the military services and
defense agencies. The conferees direct the Department of
Defense to submit a report to Congress by February 15, 1996 and
direct the Secretary of Defense to assign responsibility for
the nonlethal weapons program to an existing office within the
Office of the Secretary of Defense or designate an executive
agent from the military services, to establish centralized
responsibility for development and fielding of nonlethal
weapons technology. The conferees authorize $37.2 million in a
new defense program element for nonlethal weapons programs and
nonlethal technologies programs.
The conferees believe that centralized responsibility for
the nonlethal weapons program will ensure effective program
management and expeditious development, acquisition, and
fielding of nonlethal weapons and systems. The conferees
further understand that both the Department of the Army and the
Marine Corps are the primary users of these technologies and
recommend the designation of either military service as the
executive agent for this important program. Further, the
conferees understand that the Department of the Army and the
Marine Corps have closely coordinated their efforts in this
area and expect this coordination to continue to ensure
centralized management and improved budgetary focus for the
nonlethal weapons program. The provision would also require the
Department to report to Congress by February 15, 1996 on the
designation of the executive agent for oversight of the
program, the acquisition plan, the time frame for fielding
systems, current and anticipated military requirements, and the
Department of Defense policy regarding the nonlethal weapons
program.
Federally-Funded Research and Development Centers (sec. 220)
The House bill contained a provision (sec. 257) that
would require the Secretary of Defense and the Secretaries of
the Army, Navy, and Air Force to reevaluate the functions of
Federally-Funded Research and Development Centers (FFRDCs) and
to achieve certain reductions, consolidations and management
goals. The provision would limit FFRDC funding to $1.15 billion
and reduce funding for FFRDCs and University-Affiliated
Research Centers (UARC) by $90.1 million.
The Senate amendment contained a provision (sec. 219)
that would require an undistributed reduction in FFRDC funding
of $90.0 million, below the ceiling for fiscal year 1995, and
would establish a statutory ceiling for FFRDCs of $1.2 billion
in fiscal year 1996.
The Senate recedes with an amendment. The conferees agree
to reduce the funding for FFRDCs and UARCs by $90.0 million in
fiscal year 1996 and direct that not more than $9.0 million of
this reduction be applied to funding for UARCs. The conferees
have included language that would require the Secretary of
Defense to manage the UARCs at the fiscal year 1995 level. The
conferees direct the Secretary of Defense to ensure adequate
funding in fiscal year 1996 for those FFRDCs that engage in
studies and analysis for the Office of the Secretary of Defense
and the services. The conferees also direct the Secretary to
examine the possibility of increasing the use of the Software
Engineering Institute in support of command, control,
communications, computing, and intelligence programs managed by
the Office of the Secretary of Defense.
Joint seismic program and global seismic network (sec. 221)
The Senate amendment contained a provision (sec. 224)
that would authorize $9.5 million of unobligated fiscal year
1995 funds in Air Force research and development for the joint
seismic program (JSP) and the global seismic network (GSN) to
provide more robust monitoring research and expanded seismic
monitoring of potential nuclear tests.
The House bill contained no similar provision.
The conferees agree to a provision that would authorize
$9.5 million in fiscal year 1996 for the joint seismic and
global seismic network programs. The conferees understand that
no future year funds would be required for this program.
Further, the conferees direct the Department of Defense
Comptroller to release the funds in a timely manner so that the
programs can be completed.
Hydra-70 rocket product improvement program (sec. 222)
The Senate amendment contained a provision (sec. 113)
that would prohibit the obligation of funds to procure Hydra-70
rockets until the Secretary of the Army submitted
certifications regarding: identification of causes and
technical corrections of Hydra-70 rocket failures; comparative
cost of correcting all Hydra-70 rockets versus the non-
recurring costs of acquiring improved rockets; review and
qualification of commercial, nondevelopmental systems to
replace Hydra-70 rockets; the availability of training rockets
to meet Army requirements; and the attainment of competition in
future procurements of training rockets.
The House bill contained no similar provision.
The House recedes with an amendment.
The conferees agree to authorize up to $10.0 million for
full qualification and operational platform certification of a
Hydra-70 rocket with a 2.75-inch rocket motor with composite
propellant, for use on the AH-64D Apache helicopter.
Limitation on obligation of funds until receipt of electronic combat
consolidation master plan (sec. 223)
The conferees agree to a provision that limits the
obligation of appropriations for PE 65896A, PE 65864N, PE
65807F, and PE 65804D until 14 days after the Department of
Defense submits to the congressional defense committees its
master plan for the consolidation of electronic combat test and
evaluation assets.
The House report (H. Rept. 103-499) directed the
Secretary of Defense to develop a master plan for future
consolidation of all DOD electronic combat test and evaluation
assets. Further, the House report directed that no fiscal year
1995 or prior year funds be used to transfer or consolidate
electronic combat test and evaluation assets until 30 days
after the submission of the master plan to the congressional
defense committees. To date, the master plan has not been
provided to the congressional defense committees and funds
continue to be obligated for purposes that contravene the House
report language.
Obligation of certain funds delayed until receipt of report on science
and technology rescissions (sec. 224)
The conferees agree to a provision that limits the
obligation of appropriations for Department of Defense
research, development, test and evaluation until 14 days after
the Under Secretary of Defense (Comptroller) submits a report
to the congressional defense committees detailing the
allocation of rescissions for science and technology required
by the Emergency Supplemental Appropriations and Rescissions to
Preserve and Enhance Military Readiness of the Department of
Defense for Fiscal Year 1995 (Public Law 104-6).
Obligation of certain funds delayed until receipt of report on
reductions in research, development, test, and evaluation (sec.
225)
The conferees agree to a provision that limits to 50
percent the obligation of appropriations in section 201(4)
until 14 days after the Under Secretary of Defense
(Comptroller) submits a report to the congressional defense
committees detailing the allocation of the following reductions
in research, development, test, and evaluation required by the
Department of Defense Appropriations Act of 1996: (1) general
reductions; (2) reductions to reflect savings from revised
economic assumptions; (3) reductions to reflect the funding
ceiling for federally funded research and development centers;
and (4) reductions for savings through improved management of
contractor automatic data processing cost charged through
indirect rates on Department of Defense acquisition contracts.
Advanced field artillery system (Crusader) (sec. 226)
The House bill contained a provision (sec. 255) that
would impose spending authority limitations on the Secretary of
the Army, unless certain technical performance criteria are
achieved in the Crusader program. The provision would permit
the Secretary to significantly alter the Crusader acquisition
plan for the cannon propellant, if it is required to achieve
the objectives of the Advanced Field Artillery System, provided
notification is given to the defense committees of the Senate
and House of Representatives.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would terminate
funding for the liquid propellant portion of the Crusader
program in the event that the Secretary fails to provide a
report to the congressional defense committees by August 1,
1996, documenting that significant progress has been made in
the liquid propellant and regenerative liquid propellant gun,
in accordance with the acquisition program baseline objectives.
Demilitarization of conventional munitions, rockets, and explosives
(sec. 227)
The House bill contained a provision (sec. 263) that
would authorize $15.0 million for the establishment of an
integrated program for the development and demonstration of
environmentally compliant technologies for the demilitarization
of conventional munitions, explosives, and rocket motors, and
indicated specific technologies that should be considered in
the program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would delete
reference to specific technologies that should be considered in
the program. The amendment reflects a conference agreement to
authorize $15.0 million in PE 63104D for the Conventional
Munitions, Rockets, and Explosives Demilitarization account.
The conferees are concerned about requirements for
disposal by the military services and defense agencies of
growing numbers of unserviceable, obsolete, or non-treaty
compliant munitions, rocket motors and explosives. As
environmental constraints increasingly restrict the traditional
disposal methods of open burning or open detonation,
development and demonstration of environmentally compliant
technologies for this purpose become even more urgent.
The conferees believe that a centralized conventional
munitions and explosives disposal program should be established
for this purpose within the Department of Defense (DOD) under a
single program element, and that consideration should be given
to the model of the Large Rocket Motor Demilitarization
program, centrally managed by the Army as executive agent, with
the requirements of the military services integrated through
the Joint Ordnance Commanders' Group. In such a program, the
conferees encourage the consideration of a range of
competitively selected potential resource recovery and
alternative demilitarization technologies, including (but not
limited to) cryogenic washout, supercritical water oxidation,
molten metal pyrolysis, plasma arc, catalytic fluid bed
oxidation, molten salt pyrolysis, plasma arc, catalytic fluid
bed oxidation, molten salt oxidation, incineration, critical
fluid extraction and ingredient recovery, and underground
contained burning.
The conferees direct the Secretary of Defense to submit a
report of the DOD plan for the establishment of such a program
to the congressional defense committees by March 31, 1996.
Defense airborne reconnaissance program (sec. 228)
The budget request included $525.2 million for research
and development for the Defense airborne reconnaissance program
(DARP).
The House bill would add a total of $121.6 million to the
requested amount. The Senate amendment would increase the
request by $33.0 million. Details of the adjustments in the
House bill and the Senate amendment, as well as the final
conference agreement, are displayed in the table below:
------------------------------------------------------------------------
Budget House Senate Conference
request bill amendment agreement
------------------------------------------------------------------------
Total.................. $525.2 +$121.6 +$33.0 +$114.8
------------------------------------------
UAV programs:
Joint tactical maneuver.... -36.8 ......... -10.0
Hunter................... ........ ........ ......... ..........
Navy variant (VTOL)...... ........ ........ ......... +12.5
Tier II.................... ........ +25.9 ......... +25.3
Tier II+................... ........ +60.0 ......... ..........
Tier III................... ........ +35.0 ......... +18.0
U-2 upgrade programs:
SYERS...................... ........ +14.0 ......... +14.0
Defensive systems.......... ........ ........ +13.0 +10.0
SIGINT..................... ........ ........ +20.0 +20.0
PGMs....................... ........ -10 ......... ..........
Other programs:
CIGGS...................... ........ +16.0 ......... +11.0
Common data link........... ........ +0.5 ......... ..........
EO framing sensors......... ........ +5.0 ......... +7.0
MSAG....................... ........ +12.0 ......... +8.0
------------------------------------------------------------------------
MANNED AND UNMANNED RECONNAISSANCE SYSTEMS
The conferees remain optimistic about the future
contributions of unmanned aerial vehicle (UAV) systems to the
Department of Defense's (DOD) reconnaissance missions. However,
the conferees remain unwilling to sacrifice proven manned
systems in the near-term for the promise of unproven future
systems. Further, the conferees believe five major UAV programs
are overly redundant. The conferees are aware of the
Department's intent to reduce the number of UAVs to satisfy the
tactical, theater, and strategic missions. The conferees agree
that it is important for the Department to satisfy these three
distinct missions.
Further, the conferees believe the Department's endurance
UAV programs must be viewed in the larger context of the broad
area search/wide area surveillance missions. The conferees are
concerned that the current and projected array of sensors
(including Tier II+ and Tier III- UAVs, SR-71, U-2, and
national systems) are not simply ``complementary'', but are
``duplicative''. The conferees will, therefore, remain
extremely interested in the Department's future directions with
respect to high altitude endurance UAV efforts.
MANEUVER UAV
The budget request included $36.8 million for the
maneuver UAV.
The House will would deny any authorization for the
maneuver UAV because the Department had failed to provide
either a joint operational requirements document (JORD) or a
cost and operational effectiveness analysis (COEA) in a timely
manner.
The Senate amendment would approve the budget request.
The conferees agree to authorize $26.8 million for the
maneuver UAV. The conferees are disappointed that the
Department took so long to complete the JORD and the COEA. The
conferees hope that the results of the ongoing review of the
various UAV programs will be provided to the congressional
defense and intelligence committees in a more timely fashion.
joint tactical uav
The conferees remain particularly concerned about the
Department's inability to develop and pursue a cohesive joint
tactical UAV (JT-UAV) master plan for longer than a four month
period. The conferees direct the Department not to use
appropriated fiscal year 1996 funds to procure production
Hunter UAV systems or additional low rate initial production
units beyond those already ordered. The conferees intend that
this prohibition remain in effect until the Department provides
the congressional defense and intelligence committees with the
results of its UAV program review. Accordingly, if the
Department's review results in the cancellation of one or more
of the currently planned UAV programs, the conferees direct the
Department to seek reprogramming actions to use those funds to
satisfy other CINC near-term reconnaissance support
requirements. Any funds made available as a result of
Department decisions on UAVs will remain within the DARP
account. Of any resources made available from UAV
restructuring, the conferees direct that the Department use
them to fully fund the U-2 sensor upgrades described later in
this section. Any additional excess resources over those used
for U-2 sensor upgrades may be used for the naval variant
(VTOL). Further, the conferees specifically deny authorization
of any fiscal year 1996 funds for marinization of the Hunter
UAV.
naval variant uav
The conferees agree that development and evaluation of a
joint tactical UAV (JT-UAV) short or vertical take-off and
landing (STOL/VTOL) variant for naval applications should be
continued and structured on existing successful efforts. The
conferees agree to authorize an additional $12.5 million to
support continued development and evaluation of VTOL JT-UAV
variants, as detailed in the Senate report (S. Rept. 104-112).
The conferees intend that the Department limit its air vehicle
evaluation to items that are low risk, currently available off-
the-shelf, and have the demonstrated potential to meet joint
tactical UAV interoperability and performance requirements.
medium altitude endurance uav (predator)
The House bill would authorize an additional $25.9
million for the Tier II medium altitude endurance UAV
(Predator).
The Senate amendment included a provision (sec. 131) that
would deny funds for the Tier II system.
The Senate recedes.
The conferees agree to authorize an additional $25.3
million for another Predator system (air vehicles and ground
station) and replacement air vehicles. The conferees are
encouraged by the successes of the Predator advanced concept
technology program, and particularly by the theater commanders'
praise for its contributions in the Bosnia area. The conferees
strongly support continuation of this ACTD, and encourage the
Department to take the necessary steps to make a full
production decision. The conferees believe this vehicle could
satisfy multiple operational roles, including the theater and
maritime roles. The conferees encourage the Department to
develop plans for a maritime use of this vehicle. Such planning
should include conducting an operational demonstration at sea.
Finally, the conferees agree to authorize all prior year
allocated funds.
HIGH ALTITUDE ENDURANCE UAVS
The House bill would authorize an additional $60.0
million for the Tier II+ and $35.0 million for the Tier III-.
The Senate amendment would authorize the budget request
for both programs.
The House recedes on Tier II+. The Senate recedes on the
Tier III-. The conferees agree to authorize an additional $18.0
million for Tier III-.
As with the JT-UAV, the conferees expect the Department
to make acquisition decisions on this issue based on
operational requirements. However, the conferees emphasize that
the Department needs a more capable, low observable vehicle.
The conferees agree that the Department should use the
additional $18.0 million for Tier III- to buy the third air
vehicle in fiscal year 1996, instead of fiscal year 1997. The
conferees direct the Department to provide the congressional
defense and intelligence committees with a report on the
operational user needs for such a vehicle. If the current
estimate of the Tier III- system capabilities fall short of
those needs, the Department should outline its technical
proposals to improve this vehicle, in response to those user
requirements.
U-2 SENSOR UPGRADES
The House bill would authorize an additional $14.0
million to upgrade all Senior Year electro-optical
reconnaissance sensors (SYERS) to the newest configuration,
upgrade existing ground stations, and improve geolocational
accuracy through various product improvements.
The Senate amendment would authorize an additional $20.0
million to initiate the remote airborne SIGINT system upgrade
program.
The Senate report (S. Rept. 104-112) contained a
technical error in the table for Research, Development, Test,
and Evaluation (RDT&E), Defense-Wide, that shows an increase in
the DARP PE 35154D, line 102, rather than in line 124. This
error was facilitated by the Department's budget exhibit for
RDT&E programs (R-1) in which both of these budget lines are
associated with the same program element. The conferees
encourage the Defense Airborne Reconnaissance Office (DARO) to
carry a single R-1 line for an individual program element in
the future.
The conferees view with concern the DARO's lack of
emphasis on manned reconnaissance upgrades, and include a
provision that requires the Director of the DARO to
expeditiously carry out those upgrades. The conferees agree to
authorize $34.0 million to meet U-2 sensor upgrade
requirements, and direct the Secretary of Defense to provide a
report on the Department's plans to obligate funds for U-2
upgrades prior to February 1, 1996.
U-2 DEFENSIVE SYSTEMS
The conferees agree to authorize $10.0 million to upgrade
U-2 defensive systems for the purposes specified in the Senate
Report (S. Rept. 104-112).
COMMON IMAGERY GROUND/SURFACE SYSTEM (CIGSS)
The budget request included $161.8 million for the CIGSS
effort.
The House bill would authorize an additional $16.0
million. This increase would be used to mitigate a near-term
funding shortfall for DARO's ``migration'' of the various
imagery ground stations to a common architecture.
The Senate amendment would approve the budget request.
The conferees agree to authorize an additional $11.0
million for this effort.
INTELLIGENCE DISSEMINATION
The budget request included funds for numerous
intelligence dissemination systems and data links.
The House bill would restrict the use of funds pending
the Department's development of a coherent, long-term
intelligence dissemination architecture and a plan for
development of a joint tactical transceiver (JTT).
The Senate amendment would authorize the requested
amounts.
The House recedes.
The conferees are pleased with the Department's response
to the House bill provision. The conferees believe that the
Department is moving in the right direction to ensure service
interoperability and to reduce the number of unique tactical
intelligence transceivers. Additionally, the conferees are
aware that the Assistant Secretary of Defense for Command,
Control, Communications, and Intelligence is monitoring efforts
to develop advanced software reprogrammable radios. The
conferees strongly encourage continued involvement in this
technology development, as it appears to have great potential
for future application in the JTT program. The conferees will
continue to monitor the progress of the Department's approach.
ELECTRO-OPTICAL FRAMING SENSOR DEVELOPMENT
The House would authorize an additional $5.0 million to
continue development and evaluation of airborne electro-optic
framing sensor and multi-spectral framing technologies with on-
chip forward motion compensation. These improved capabilities
could be used to support precision targeting.
The Senate amendment included no similar adjustment.
The conferees agree to authorize $7.0 million for this
purpose.
The conferees are pleased with the results of the four
million picture element (four mega-pixel) framing
demonstration. The conferees encourage the Department to
program funding to accelerate the four mega-pixel and the 25
mega-pixel sensor initiatives.
MULTI-FUNCTION SELF-ALIGNED GATE TECHNOLOGY
The conferees agree to authorize $8.0 million for multi-
function self-aligned gate (MSAG) technology for the purposes
specified in the House report (H. Rept. 104-131).
JOINT AIRBORNE SIGINT ARCHITECTURE
The budget request included $88.8 million for the joint
airborne signals intelligence (SIGINT) architecture (JASA)
program.
The House bill would restrict obligation of fiscal year
1996 funds for JASA to no more than 25 percent of available
funds until the Department submits an analysis and report that
includes a comparison of future years defense programs (FYDP)
and life cycle costs for development and fielding of the joint
airborne SIGINT system (JASS), and that address a more
conventional, evolutionary, product-improvement approach.
The Senate amendment would authorize the requested
amount.
The House recedes on the funding restrictions.
Despite their support for the evolving concept and
development of JASA, the conferees remain concerned about
several issues:
(1) the Department's ability to sustain current
operational systems;
(2) elimination of the potential for airborne
SIGINT modernization gaps prior to fielding JASA
components;
(3) the projected costs of the JASS program; and
(4) the risk that current approaches may sacrifice
near and mid-term operational requirements for promised
long-term common solutions.
The conferees believe that there is a need to continue
interim, affordable, incremental upgrades, and to provide quick
reaction capability improvements to meet emerging requirements,
while continuing the JASA architectural approach. The conferees
encourage competitive evolutionary solutions to satisfy
existing and projected SIGINT requirements, and urge the
earliest delivery of architecturally compliant components for
evolving current and future systems. The conferees expect
future budget requests for the DARO to include funding for
these efforts. The conferees direct the DARO Director to
certify to the congressional defense and intelligence
committees that the individual SIGINT systems will be upgraded
to incorporate these interim needs, as identified by the
operational users.
The conferees direct the Department to provide an interim
report by March 1, 1996, with a completed report by August 1,
1996, that includes:
(1) an independent cost and operational
effectiveness analysis that compares the FYDP and life-
cycle costs of the JASS program to an evolutionary
product improvement approach, based on equivalent
system performance;
(2) an evaluation of cost, technical and schedule
risks, as well as a comparison of technical
requirements and JASS performance; and
(3) the Department's assessment of its ability to
predict both the future threat and technology
environments necessary to determine whether a single
approach is viable and in the nation's best interests.
Finally, to ensure that there are no airborne SIGINT
capability gaps during the transition to JASA, DARO is directed
to determine and implement necessary quick-reaction
improvements to existing airborne systems. The conferees intend
that the Department pursue a balanced approach to JASA
development that allows the services to program funds for such
evolutionary upgrades, provided there is compliance with an
overall migration to the JASA architecture.
Subtitle C--Ballistic Missile Defense Act of 1995
Ballistic missile defense policy (secs. 231-253)
The House bill contained eight provisions (secs. 231-238)
that collectively would be called the ``Ballistic Missile
Defense Act of 1995''. The House bill contained four additional
provisions (secs. 241-244) that would also deal with matters
related to ballistic missile defense (BMD).
The Senate amendment contained eleven provisions (secs.
231-241) that collectively would be called the ``Missile
Defense Act of 1995''. The Senate amendment contained two
additional provisions (secs. 227 and 243) that would also deal
with matters related to BMD.
The conference agreement combines the House and the
Senate BMD provisions into two subtitles as described below.
Short title (sec. 231)
The House bill contained a provision (sec. 231) that
would entitle this group of provisions the ``Ballistic Missile
Defense Act of 1995.''
The Senate amendment contained a provision (sec. 231)
that would use a different title--``Missile Defense Act of
1995''--reflecting the fact that the Senate version included a
provision dealing with cruise missile defense.
The Senate recedes.
Findings (sec. 232)
The Senate amendment contained a provision (sec. 232)
that would establish a series of congressional findings as the
rationale for developing and deploying theater and national
ballistic missile defenses.
The House bill contained a provision (sec. 242) that
would make several similar findings.
The House recedes with an amendment merging the House and
Senate findings.
Ballistic missile defense policy (sec. 233)
The House bill contained a provision (sec. 232) that
would establish a United States policy to: (1) deploy at the
earliest practical date highly effective theater missile
defenses; and (2) deploy at the earliest practical date a
national missile defense (NMD) system that is capable of
providing a highly effective defense of the United States
against limited ballistic missile attacks.
The Senate amendment contained a similar provision (sec.
233) that would establish a United States policy to: (1) deploy
as soon as possible affordable and operationally effective
theater missile defenses; (2) develop for deployment a
multiple-site national missile defense system (that can be
augmented to a layered defense over time) while initiating
negotiations to amend the Anti-Ballistic Missile (ABM) Treaty;
(3) ensure congressional review prior to a decision to deploy
the NMD system; (4) improve existing cruise missile defense
systems and deploy as soon as practical defenses against
advanced cruise missiles; (5) pursue a focused research and
development program to provide follow-on ballistic missile
defense options; (6) employ streamlined acquisition procedures
in developing and deploying missile defenses; (7) seek a
cooperative transition to a regime that does not feature mutual
assured destruction and an offense-only form of deterrence as
the basis for strategic stability; and (8) carry out the
policies, programs, and requirements of the Missile Defense Act
through processes specified within, or consistent with, the ABM
Treaty.
The House recedes with an amendment to establish a United
States policy to: (1) deploy affordable and operationally
effective theater missile defenses to protect forward-deployed
and expeditionary elements of the armed forces of the United
States and to complement and support the missile defense
capabilities of the forces of coalition partners and allies of
the United States; (2) deploy a National Missile Defense system
that is affordable and operationally effective against limited,
accidental, or unauthorized attacks on the territory of the
United States and can be augmented over time as the threat
changes to provide a layered defense; (3) initiate negotiations
with the Russian Federation as necessary to provide for
deployment of the NMD system required by this Act; (4)
consider, if those negotiations fail, the option of withdrawing
from the ABM Treaty in accordance with the provisions of
Article XV of that treaty; (5) ensure congressional review,
before deployment of an NMD system, of the affordability and
operational effectiveness of such a system, the threat to be
countered by such a system, and ABM Treaty considerations with
respect to such a system; and (6) seek a cooperative transition
to a regime that does not feature mutual assured destruction
and an offense-only form of deterrence as the basis of
strategic stability.
Theater missile defense architecture (sec. 234)
The House bill contained a provision (sec. 233) that, in
part, would direct the Secretary of Defense to develop and
deploy at the earliest practical date advanced theater missile
defense (TMD) systems. The House bill contained another
provision (sec. 236) that would establish a ballistic missile
defense program accountability report.
The Senate amendment contained a provision (sec. 234)
that would provide detailed policy guidance related to theater
missile defense. The provision would establish a core theater
missile defense program (the Theater High Altitude Area Defense
system, the Navy Upper Tier system, the Patriot PAC-3 system,
and the Navy Lower Tier system) with programmatic milestones
for each core system, require that the systems in the core
program be interoperable and mutually supporting, establish
guidelines for creating new core systems, and require the
Secretary of Defense to provide the congressional defense
committees a TMD Architecture report along with the fiscal year
1997 budget submission.
The House recedes with an amendment to integrate elements
of the House's ballistic missile defense program accountability
provision into a revised TMD reporting requirement, and to make
technical and clarifying changes. Included is a requirement
that the Secretary of Defense report on the following matters
to the Senate Committee on Armed Services and the House
Committee on National Security whenever the Secretary issues an
ABM Treaty compliance certification for any TMD system: (1) the
compliance policy applied in preparing such a certification;
(2) how the policy applied differs from the policy stated in
section 237(b)(1) of this Act (the so-called ``demonstrated
standard''); and (3) how the application of that compliance
policy (rather than the ``demonstrated standard'') will affect
the cost, schedule, and performance of the TMD system being
considered.
National missile defense architecture (sec. 235)
The House bill contained a provision (sec. 233) that, in
part, would direct the Secretary of Defense to develop for
deployment at the earliest practical date a national missile
defense system consisting of: (1) up to 100 ground-based
interceptors at a single site or a greater number of
interceptors at a number of sites, as determined necessary by
the Secretary; (2) fixed, ground-based radars; (3) space based
sensors, including those sensor systems that are capable of
cuing ground-based interceptors and providing initial targeting
vectors; and (4) battle management, command, control, and
communications.
The Senate amendment contained a provision (sec. 235)
that would direct the Secretary of Defense to take the
following steps regarding NMD: (1) develop for deployment an
affordable and operationally effective NMD system (consisting
of ground-based interceptors capable of being deployed at
multiple sites, ground-based radars, space-based sensors, and
battle management, command, control, and communications) to
counter a limited, accidental, or unauthorized ballistic
missile attack, and which is capable of attaining initial
operational capability by the end of 2003; (2) develop an
interim operational capability plan that would give the United
States the ability to field a limited NMD system by the end of
1999; (3) prescribe and use streamlined acquisition procedures;
(4) employ additional cost saving measures; and (5) report on
his plan for NMD deployment and an analysis of options for
supplementing the initial NMD architecture to improve cost and
operational effectiveness. The Senate amendment also contained
a provision (sec. 235(d)(2)) that would prohibit the use of
Minuteman boosters in any NMD architecture.
The House recedes with an amendment requiring the
Secretary of Defense to take the following steps regarding NMD:
(1) develop for deployment an NMD system which shall achieve an
IOC by the end of 2003 and which shall include ground-based
interceptors capable of being deployed at multiple-sites,
ground-based radars, space-based sensors, and BM/C3; (2) begin
preparatory and planning actions and take other actions
necessary to achieve an IOC by the end of 2003; and (3) submit
a report on NMD to the congressional defense committees.
The Senate recedes on its provision prohibiting the use
of Minuteman boosters in any NMD architecture. The conferees
support the development of a new optimized booster for the NMD
mission. The conferees direct BMDO to consult with the Senate
Committee on Armed Services and the House Committee on National
Security prior to developing or implementing any plans to
expend significant funds on any activities associated with the
use of Minuteman boosters for NMD-related purposes.
Policy regarding the ABM Treaty (sec. 236)
The Senate amendment contained a provision (sec. 237)
that would clarify that the policies, programs, and
requirements of the ``Missile Defense Act of 1995'' (subtitle C
of title II of the Senate amendment) can be accomplished
through processes specified in the ABM Treaty, and that would
express the Sense of Congress that the Senate should review the
continuing value and validity of the ABM Treaty.
The House bill contained a provision (sec. 242(c)(2))
that would urge the President to pursue high-level discussions
with Russia to amend the ABM Treaty.
The Senate recedes with an amendment urging the President
to pursue high-level discussions with the Russian Federation to
amend the ABM Treaty to allow: (1) deployment of multiple
ground-based ABM sites; (2) the unrestricted exploitation of
sensors; and (3) increased flexibility for development,
testing, and deployment of follow-on NMD systems.
Prohibition on use of funds to implement an international agreement
concerning theater missile defense systems (sec. 237)
The House bill contained a provision (sec. 235) that
would establish a theater missile defense demarcation standard
(the so-called ``demonstrated standard'' based on the range and
speed of the target) and would prohibit the obligation or
expenditure of funds appropriated for the Department of Defense
to implement or employ any other standard.
The Senate amendment contained a related provision (sec.
238) that would: (1) express the sense of Congress that the
``demonstrated standard'' is the appropriate standard for
defining a TMD demarcation; and (2) prohibit the use of funds
appropriated for the Department of Defense in fiscal year 1996
to implement an international agreement that is inconsistent
with this standard, unless such agreement receives Senate
advice and consent to ratification, or is specifically approved
in a subsequent Act.
The House recedes with a clarifying amendment.
Ballistic missile defense cooperation with allies (sec. 238)
The House bill contained a provision (sec. 242) that, in
part, would endorse cooperation in the area of ballistic
missile defense between the United States and its allies and
coalition partners, and that would urge the President to: (1)
pursue high-level discussions with allies of the United States
and selected other states on the means and methods by which the
parties can cooperate in the development, deployment, and
operation of ballistic missile defenses; (2) take the
initiative within the North Atlantic Treaty Organization to
develop a consensus for deployment of BMD by the Alliance; and
(3) seek agreement with U.S. allies and selected other states
on steps the parties can take to reduce the risks posed by the
threat of limited ballistic missile attacks.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to include the House
language on BMD cooperation with allies as a free-standing
provision.
ABM Treaty Defined (sec. 239)
The House bill contained a provision (sec. 237) that
would define the ABM Treaty.
The Senate amendment contained a similar provision.
The Senate recedes with a technical amendment.
Repeal of Missile Defense Act of 1991 (sec. 240)
The House bill contained a provision (sec. 238) that
would repeal the Missile Defense Act of 1991.
The Senate amendment contained a similar provision (sec.
241(1)).
The senate recedes.
Subtitle D--Other Ballistic Missile Defense Provisions
Ballistic Missile Defense Program Elements (sec. 251)
The Senate amendment contained a provision (sec. 239)
that would establish seven program elements for the Ballistic
Missile Defense Organization's budget.
The House bill contained no similar provision.
The House recedes with an amendment creating eight
program elements.
Testing of theater missile defense interceptors (sec. 252)
The House bill contained a provision (sec. 243) that
would amend subsection (a) of section 237 of Public Law 103-
160, pertaining to the testing of theater missile defense
interceptors.
The Senate amendment contained a similar provision (sec.
227) that also would relate to the testing of theater missile
defense interceptors.
The Senate recedes.
Repeal of missile defense provisions (sec. 253)
The Senate amendment contained a provision (sec. 241)
that would repeal ten outdated BMD-related provisions of law.
The House bill contained a similar provision (sec. 244)
that would repeal six outdated BMD-related provisions of law.
The House recedes with an amendment. The Conferees agree
to repeal nine outdated BMD-related provisions of law.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
Precision guided munitions (sec. 261)
The Senate amendment contained a provision (sec. 215)
that would require the Secretary of Defense, not later than
February 1, 1996, to submit a report that contains an analysis
of the full range of precision guided munitions (PGM) in
production, and in research, development, test and evaluation.
The analysis would address the following:
(1) The types of precision guided munitions needed
to destroy various service target classes;
(2) The feasibility of joint development programs
to meet the needs of various Services; and
(3) The economy and effectiveness of continued
acquisition of ``interim'' PGMs.
The House bill contained no legislative provision on
PGMs, but directed the Secretary to conduct a similar analysis
in its report (H. Rept. 104-131) accompanying the bill.
The conferees agree to the Senate provision, with an
amendment that would extend the reporting deadline to April 15,
1996.
Review of C4I by National Research Council (sec. 262)
The House bill contained a provision (sec. 256) that
would direct the Secretary of Defense to enter into a contract
with the National Research Council of the National Academy of
Sciences to conduct a review of Department of Defense programs
for command, control, communications, computers, and
intelligence. The study would be conducted over a two-year
period and $900.0 thousand would be available for the cost of
the study.
The Senate amendment contained no similar provision.
The Senate recedes.
Analysis of consolidation of basic research accounts of military
departments (sec. 263)
The House bill contained a provision (sec. 252) that
would direct the Secretary of Defense to fund the equivalent of
a cost and operational effectiveness study of the consolidation
of the indivdiual services' basic research accounts to
determine potential infrastructure savings.
The Senate amendment contained no similar provision.
The Senate recedes.
Change in the annual reporting period, from calendar to fiscal year, on
certain contracts with colleges and universities. (sec. 264)
The House bill contained a provision (sec. 253) that
would amend section 2361 of title 10, United States Code, to
change the annual reporting period from the preceding
``calendar'' year to each preceding ``fiscal'' year on the use
of competitive procedures for awards of research and
development contracts, and the award of construction contracts
to colleges and universities.
The Senate amendment contained no similar provision.
The Senate recedes.
Aeronautical research and test capabilities assessment (sec. 265)
The House bill contained a provision (sec. 260) that
would require the Secretary of Defense to assess aeronautical
research and test facilities and capabilities of the United
States, and to provide a report to the congressional defense
committees detailing the findings and recommendations of the
assessment.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle F--Other Matters
Advanced lithography program (sec. 271)
The House bill contained a provision (sec. 214) that
would amend section 216 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337). The provision
would permit the Director of the Advanced Research Projects
Agency (ARPA) to consider Semiconductor Industry Association
and Semiconductor Technology Council recommendations as
advisory and would allow ARPA to establish priorities and
funding levels for the program, consistent with the best
interests of national security. The provision would also add a
goal that the program ensure that the use of lithographic
processes, being developed by American-owned manufacturers in
the United States, would lead to superior performance
electronics systems for the Department of Defense.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
the term ``American-owned manufacturer'' to mean that it would
be consistent with the definition of ``United States-owned
company'' and ``United States incorporated company'' in section
278 (n) of title 15, United States Code.
Enhanced fiber optic guided missile system (sec. 272)
The House bill contained a provision (sec. 215) that
would require the Secretary of the Army to certify whether
there is a requirement for the enhanced fiber optic guided
missile (EFOG-M) system, and whether there is a cost and
effectiveness analysis supporting such requirement. The
provision would also limit funding for the EFOG-M program if
the test of operational missiles and associated fire units are
not delivered on time and within current cost estimates.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the certification of the Secretary of the Army regarding a
requirement and a cost and effectiveness analysis to support
the requirement for the EFOG-M system to be provided following
completion of the Advanced Concept Technology Demonstration
(ACTD), instead of before the ACTD, as proposed by the House.
States eligible for assistance under Defense Experimental Program to
Stimulate Competitive Research (DEPSCoR) (sec. 273)
The Senate amendment contained a provision (sec. 220)
that would modify the graduation criteria for states
participating in the Department of Defense EPSCoR program.
The House bill contained no similar provision.
The House recedes with an amendment that would provide
for the use of a three year average to determine, on a state-
by-state basis, whether a state institution of higher learning
receives 60 percent of the average amounts for research and
engineering obligated by the Department of Defense.
Cruise missile defense initiative (sec. 274)
The Senate amendment contained a provision (sec. 236)
that would establish a cruise missile defense initiative. The
provision would require the Secretary of Defense to strengthen
and coordinate the cruise missile defense programs of the
Department of Defense, and provide Congress with a report
describing the Secretary's plans for implementing this
provision.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
University research initiative support program (sec. 275)
The House bill contained a provision (sec. 254) that
would amend Section 802 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160). The provision
would change the university research initiative support program
from a mandatory program to a voluntary program and provide for
improved review procedures.
The Senate amendment contained no similar provision.
The Senate recedes.
Revisions of manufacturing of science and technology program (sec. 276)
The House bill contained a provision that would eliminate
the technology-based focus for the manufacturing of science and
technology program, and provide new emphasis on near-term cost
reduction applications. The provision would also require a
larger non-federal government cost share for 25 percent of the
program appropriation, and eliminate cost share for academic
institutions.
The Senate amendment contained a provision (sec. 222)
that would amend section 2525 of title 10, United States Code,
in two ways. The provision clarified the role of the Joint
Directors of Laboratories in establishing the Manufacturing
Science and Technology Program. The provision included a
requirement that manufacturing equipment producers be more
directly involved in projects funded under this program.
The conferees agree to an amendment that would combine
the House and Senate provisions.
The conferees support the transfer of the MANTECH program
from advanced development to a Research, Development, Test &
Evaluation (RDT&E) production support account to ensure direct
impact of manufacturing technology on reduction of production
and repair costs for todays systems. However, the conferees
direct that a balance be maintained between near-term
manufacturing solutions for weapons systems and the long range
manufacturing design needs, such as implementing Integrated
Products and Process Development (IPPD) in future systems.
The conferees would include the House provision to set
aside 25 percent of the funding for the manufacturing
technology program for entering into contracts and cooperative
agreements, on a cost-share basis, in which the ration of
funding provided by non-federal and federal participants is 2
to 1. The conferees have included a provision that would allow
the Under Secretary of Defense for Acquisition and Technology
to waive the requirement after July 15 of each fiscal year. The
conferees direct that contracts and cooperative agreements
awarded to meet this requirement be on a project-by-project
basis. The conferees direct that the Department maximize the
number of contracts and cooperative agreements, to the extent
practicable.
The conferees expect the Department of Defense and the
services to request an aggressive fiscal year 1997 MANTECH
budget that reflects program needs. As a goal, the Department
should consider funding this program at approximately one
percent of the services' RDT&E budgets. The conferees also
believe that the Secretary of Defense should place the highest
priority on addressing the management and budget process issues
that have adversely affected the MANTECH program.
Five-year plan for consolidation of defense laboratories and test and
evaluation centers (sec. 277)
The House bill contained a provision (sec. 259) that
would require the Secretary of Defense to prepare a five year
strategic plan to consolidate and restructure the Department's
research and development laboratories and test and evaluation
centers.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to include
additional study parameters and to adjust the limitation on
funding obligations; from 40 percent to 75 percent for the
central test and evaluation investment development program
pending submission of the report to Congress.
Limitation on T-38 avionics upgrade program (sec. 278)
The House bill contained a provision (sec. 261) that
would allow the Department of the Air Force to consider foreign
companies for the award of the contract for the T-38 aircraft
avionics upgrade program only if such companies are
headquartered in countries that allow equal access to United
States companies for such contracts.
The Senate amendment contained no similar provision.
The Senate recedes.
Global Positioning System (sec. 279)
The Senate amendment contained a provision (sec. 1081)
that would require the Secretary of Defense to suspend use of
the selective availability feature of the Global Positioning
System (GPS) by May 1, 1996, unless the Secretary develops a
plan for dealing with the challenges associated with GPS
jamming and denial.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Army support for the National Science Center for Communications and
Engineering (sec. 280)
The Senate amendment contained a provision (sec. 1085)
that would modify the authority of the Army to provide support
to the National Science Center outreach program.
The House bill contained no similar provision.
The House recedes.
legislative provisions not adopted
Maneuver variant unmanned aerial vehicle
The House bill contained a provision (sec. 212) that
would prohibit the obligation of funds appropriated or
otherwise made available pursuant to authorizations in fiscal
year 1996 for the Maneuver Variant Unmanned Aerial Vehicle.
The Senate amendment contained no similar provision.
The House recedes.
Ballistic missile defense follow-on technology research and development
The House bill contained a provision (sec. 234) that
would provide guidance on follow-on technology development for
theater and national ballistic missile defense programs.
The Senate amendment contained no similar provision.
The House recedes.
Ballistic missile defense funding
The House bill contained a provision (sec. 241) that
would authorize $3.070 billion in Defensewide research,
development, test, and evaluation (RDT&E) funds for ballistic
missile defense programs.
The Senate amendment contained no similar provision.
The House recedes. The conferees discuss funding for
ballistic missile defense programs elsewhere in this Statement
of Managers.
Allocation of funds for medical countermeasures against biowarfare
threats
The House bill contained a provision (sec. 251) that
would amend section 2370a of title 10, United States Code, to
permit the obligation or expenditure of up to 50 percent of
funds authorized for the medical component of the Department of
Defense Biological Defense Research program for product
development, or for research, development, test, or evaluation
of medical countermeasures related to mid-term or far-term
validated biowarfare threat agents.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note with concern that the recent progress
in bio-technology could potentially lead to the development of
new biological warfare agents and capabilities among potential
adversaries of the United States. The conferees direct that the
Department report to the congressional defense committees by
March 1, 1996 on the national security threats posed by such
potential developments of new agents through advances in bio-
technology and genetic engineering. The report should also
include recommendations related to reducing the impact of
progress in these areas, examine the utility of increased
emphasis on research and development of medical countermeasures
related to mid-term or far-term biowarfare threat agents; and
identify other measures that could reduce the threat of these
technological advances and reduce the threat of biological
agent and weapons proliferation.
Cross reference to congressional defense policy concerning national
technology and industrial base, reinvestment, and conversion in
operation of defense research and development programs
The House bill contained a provision (sec. 262) that
would cross-reference sections 2358(a)(2)(B) and 2371(a) with
section 2501 of title 10, United States Code, to encourage the
use of dual-use technology programs in defense research and
technology programs.
The Senate amendment contained no similar provision.
The House recedes.
Fiber optic acoustic sensor system
The budget request included $21.3 million in PE 63504N
for the advanced submarine combat systems development program.
The House bill contained a provision (sec. 264) that
would authorize $28.2 million for the advanced submarine combat
systems development program in fiscal year 1996, including $6.9
million for research and development for a fiber optic acoustic
sensor system and common optical towed array. The provision
also reduced funding for the advanced submarine systems
development program (PE 63561N) by $6.9 million.
The Senate amendment contained no similar provision.
The House recedes.
The conferees agree to the authorization of an additional
$6.9 million above the budget request in PE 63504N for advanced
development of fiber optic acoustic sensor systems, including
the development of common optical towed arrays.
Joint targeting support system testbed
The budget request included $141.4 million in PE 24229N
for the Tomahawk missile and the Tomahawk mission planning
center programs.
The House bill contained a provision (sec. 265) that
would reallocate project funding within PE 24229N. The
provision would increase funding for Tomahawk theater mission
planning by $10.0 million in order to establish a joint
targeting support system testbed and would reduce funding for
Tomahawk missile development by $10.0 million, as an offset.
The Senate amendment contained no similar provision.
The House recedes.
The conferees agree to an additional authorization of
$4.0 million in PE 24229N to initiate development of a joint
targeting support system testbed (JTSST) for demonstration of
potential joint targeting operations. The conferees understand
that an initial study would investigate the relative roles of
the existing systems installed in the Tomahawk mission planning
center and other mission planning systems that are being
developed by the individual military services. It is recognized
that these systems are projected to have embedded precision
weapons planning capabilities.
The conferees expect that the results of the initial
JTSST study and follow-on demonstrations will contribute to the
definition of long-term objectives, guidelines, and schedule
milestones for convergence of the Navy/Marine Corps tactical
aircraft mission planning systems and the Air Force mission
support system, and should lead to the development of a joint
mission planning system architecture for the military services.
The conferees direct the Secretary of Defense to report
to the congressional defense committees as soon as possible,
but no later than the submission of the fiscal year 1998 budget
request. This report shall describe the Secretary's plan for
implementing the recommendations that result from the study.
Battlefield Integration Center
The Senate amendment contained a provision (sec.
201(4)(C)) that would authorize the use of up to $25.0 million
in Defensewide research, development, test, and evaluation
(RDT&E) funds made available for Other Theater Missile Defense
activities for the Army's Battlefield Integration Center (BIC).
The House bill contained no similar provision.
The Senate recedes.
The conferees agree to authorize an increase of $21.0
million in PE 63308A for the BIC.
Marine Corps shore fire support
The Senate amendment contained a provision (sec. 213)
that would not allow more than fifty percent of the funds
appropriated in fiscal year 1996 for the Tomahawk Baseline
Improvement Program to be obligated until the Secretary of the
Navy certifies that a program has been established and fully
funded. That program would lead to a live fire test of an Army
Extended Range Multiple Launch Rocket from an Army launcher on
a Navy ship before October 1, 1997.
The House bill contained no similar provision.
The Senate recedes. Further guidance relative to the
consideration of the Army Extended Range Multiple Launch Rocket
System in the Navy Surface Fire Support program is contained
elsewhere in the Statement of Managers.
Depressed altitude guided gun round (DAGGR)
The budget request contained no funds for the depressed
altitude guided gun round (DAGGR).
The Senate amendment contained a provision (sec. 225)
that would authorize $5.0 million for continued development of
the DAGGR system.
The House bill contained no similar provision.
The Senate recedes. DAGGR technology has indicated
potential capability which might be used to counter threats
such as 122-millimeter rockets and cruise missiles. The
conferees encourage the Secretary of the Army to include this
program in the fiscal year 1997 budget request, and, if
warranted, consider a reprogramming request to provide funding
for DAGGR in fiscal year 1996.
Army echelon above corps communication
The budget request included $5.9 million for Army echelon
above corps communications.
The House bill would authorize the budget request.
The Senate amendment included a provision (sec. 226) that
would provide an increase of $40.0 million to procure
additional communications equipment for the Army's echelons
above corps.
The Senate recedes.
The conferees agree to authorize the increase of $40.0
million for the procurement of additional communications
equipment for the Army's echelons above corps.
Sense of the Senate on the Director of Operational Test and Evaluation
The Senate amendment contained a provision (sec. 242)
that would express a sense of the Senate that would discourage
any attempt to diminish or eliminate the Office of the Director
of Operational Test and Evaluation or its functions.
The House bill contained no similar provision.
The Senate recedes.
Ballistic missile defense technology center
The Senate amendment contained a provision (sec. 243)
that would establish a ballistic missile defense technology
center within the Space and Strategic Defense Command of the
Army.
The House bill contained no similar provision.
The Senate recedes.
Title III--Operation and Maintenance
Overview
The budget request for fiscal year 1996 contained an
authorization of $91,634.4 million for Operation and
Maintenance in the Department of Defense and $1,852.9 for
Working Capital Fund Accounts in fiscal year 1996. The House
bill would authorize $94,420.2 million for Operation and
Maintenance and $2,452.9 for Working Capital Fund Accounts. The
Senate amendment would authorize $91,408.8 million for
Operation and Maintenance and $1,962.9 for Working Capital Fund
Accounts. The conferees recommended an authorization of
$92,616.4 million for Operation and Maintenance and $1,902.9
for Working Capital Fund Accounts for fiscal year 1996. Unless
noted explicitly in the statement of managers, all changes are
made without prejudice.
funding explanations
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
PACER COIN
The budget request included $5.5 million in procurement
and $19.5 million in operations and maintenance funding for the
PACER COIN aircraft.
The House bill would deny all funding, effectively
terminating this program.
The Senate amendment would authorize the Department's
request.
The House recedes.
The conferees are aware of the conflicting positions of
responsible officials within the Department of Defense.
Although the regional Commander in Chief has made a recent
statement of need for continuing the PACER COIN mission, the
conferees understand that the National Guard Bureau has
requested that the Air Force terminate the PACER COIN program.
The conferees also understand that the Air Force intends to
phase out the PACER COIN aircraft and mission in fiscal year
1998, and that the National Guard Bureau intends to shift the
mission of the Reno Air National Guard C-130 unit to flying air
drop missions. Finally, the conferees understand there is
current direction which restricts the Reno Guard from beginning
air drop training until the PACER COIN mission is terminated.
The conferees agree to authorize the budget request.
Nevertheless, the conferees remain unconvinced that the PACER
COIN program, within its current mission tasking, provides such
unique intelligence collection as to justify continued spending
of limited resources on this mission. However, the conferees
agree that:
(1) terminating the PACER COIN program immediately
this fiscal year would place unacceptable stresses on
the personnel system;
(2) the Department has already obligated fiscal
year 1996 funds for this mission; and
(3) the Air Force would need funds to terminate the
program and provide proper aircraft/equipment
disposition.
The conferees direct the Department to determine whether
or not the PACER COIN aircraft could be used in a dual use
role. The conferees believe that the analysis should answer
several questions, including at least the following:
(1) Could the aircraft be used, without certain
PACER COIN systems, in an air drop role?
(2) Could the aircraft be configured to
simultaneously perform the PACER COIN mission and carry
the SENIOR SCOUT tactical intelligence system?
(3) What alternatives are there for filling the * *
*
items of special interest
DBOF transfers
The conferees reduced the civilian personnel funding
request by $226.0 million. Of this amount, the conferees expect
that $96.0 million will be realized from projected savings from
Defense Business Operations Fund (DBOF) activities. The
conferees direct that $96.0 million be transferred from the
DBOF to the accounts from which the reductions are taken.
The conferees also reduced the operation and maintenance
(O&M) accounts of the services by $180.0 million, in
anticipation of savings from efficiencies in the management of
Department of Defense inventories. The conferees direct that
$180.0 million be transferred from the DBOF to the following
O&M accounts: Army, $60.0 million; Navy, $60.0 million; Air
Force, $60.0 million.
Restriction on devolving the Defense Environmental Restoration Account
to the military services
In a memorandum dated May 3, 1995, the Deputy Secretary
of Defense announced a proposal to devolve the Defense
Environmental Restoration Account (DERA), a single transfer
account administered by the Department of Defense, to four
separate transfer accounts administered by the individual
military services. The execution of the Deputy Secretary of
Defense's proposal would require modification of the DERA
statutory framework.
The conferees are concerned the devolution of DERA would
impede congressional oversight of the management and use of
funds authorized for and appropriated to the account. In
relation to development, the conferees desire a thorough
description of the means by which the Department of Defense
would ensure consistent funding and accountability for
environmental restoration activities. Moreover, the Department
of Defense needs to identify the monetary savings and
administrative efficiencies associated with DERA development.
The Department of Defense also must specify funding and
staffing reductions for the office of the Deputy Under
Secretary of Defense for Environmental Security that would
result from DERA devolution.
The conferees agree that, in the event that the
Department of Defense intends to pursue legislation to
authorize devolvement for fiscal year 1997, the Secretary of
Defense must submit a report to Congress, no later than March
31, 1996. The report should provide full justification for DERA
devolvement and address the matters outlined above. In the
absence of the requested information this year, the conferees
decline to authorize a change to the existing statutory scheme
for DERA at this time.
National defense sealift fund
summary
The budget request included $974.2 million in the
national defense sealift fund (NDSF) for the procurement of two
new strategic sealift ships, operations and maintenance of the
national defense reserve fleet (NDRF), acquisition and
modification of additional ships for the ready reserve force
(RRF) of the NDRF, and research and development of mid-term
sealift ship technologies.
The House bill would authorize $974.2 million for the
NDSF, the budget request.
The Senate amendment would authorize $1.08 billion for
the NDSF, an increase of $110.0 million. This increase would be
for the purpose of purchasing and converting one additional
ship for enhancement of the Marine Corps' maritime
prepositioning ship (MPS) program.
The conferees agree to authorize $1.02 billion for the
NDSF, an increase of $50.0 million. Items of special interest
are discussed in the following sections.
national defense features
The House bill did not authorize the $70.0 million
included in the NDSF budget request for the procurement and
modification of additional roll-on/roll-off (RO/RO) ships for
the RRF. Instead, it would authorize $70.0 million for the
procurement and installation of national defense features (NDF)
on commercial vehicle carriers built in and documented under
the laws of the United States, as required by section 2218,
title 10, United States Code.
The Senate amendment dealt with the $70.0 million
included in the NDSF budget request for the procurement and
modification of RRF RO/RO vessels as follows:
(1) $20.0 million to modify RO/RO vessels purchased
in fiscal year 1995; and
(2) $50.0 million to procure and install defense
features on commercial RO/RO vessels that would be
built in United States shipyards.
The conferees agree that, of the amount authorized for
the NDSF, $50.0 million shall be for the procurement and
installation of NDF and $20.0 million shall be for modification
of the RRF RO/RO vessels purchased in fiscal year 1995. The
conferees also restrict the obligation of the $20.0 million
authorized for the modification of RRF RO/RO vessels until 30
days after the Secretary of Defense has notified the
congressional defense committees that a NDF program has been
formally established and that at least $50.0 million has been
made available to fund it.
maritime prepositioning ship enhancement
The budget request of $974.2 million for the national
defense sealift fund (NDSF) did not include funding for any
enhancements to the Marine Corps' maritime prepositioning
force.
In order to continue a program initiated last year, the
Senate amendment would authorize $110.0 million above the NDSF
budget request to purchase and convert an additional MPS ship.
The House bill would authorize the budget request. It did
not address the issue of MPS enhancement.
The conferees would not authorize funds for MPS
enhancement in the conference agreement. However, the conferees
reaffirm their strong support for the MPS enhancement program.
This program will enable the marine Corps to add additional
tanks, and expeditionary airfield, additional Navy construction
battalion equipment, a fleet hospital, and other supplies to
each MPS squadron, to better sustain the marine Corps as an
expeditionary force.
The conferees believe that there are substantial benefits
inherent in an MPS enhancement program. Consequently, the
conferees are troubled by the department's failure to include
funding for a second MPS enhancement ship in the fiscal year
1996 budget request, and by the lack of progress in acquiring
and converting the MPS enhancement ship authorized and
appropriated in fiscal year 1995.
The conferees note, however, that the Navy appears to
have made some recent progress in developing a well-defined
program. In view of the above, the conferees strongly encourage
the Secretary of Defense to accelerate the pace at which
additional sealift capability is acquired (to include funding
for a second MPS enhancement ship in fiscal year 1997).
However, the conferees expect the Secretary to adhere to the
prepositioning, surge, and RRF priorities established by the
Mobility Requirements Study (MRS) and validated by the MRS
Bottom Up Review Update.
Thje conferees also expect the Navy to aggressively
pursue all possible procurement options, including multi-ship
and commercial procurement, to achieve the cost savings
associated with the acquisition, conversion, and delivery of
MPS enhancement vessels. The Secretary of Defense is directed
to report on the progress made in meeting this goal when he
submits the fiscal year 1997 budget request.
advanced submarine technology research
The conferees agree that, of the amount appropriated for
fiscal year 1996 for the NDSF, $50.0 million shall be available
only for the Director of the Advanced Research Projects Agency
for advanced submarine technology activities.
National Security Agency oversight
The budget request included $5.0 million in operations
and maintenance (O&M) funds and 82 new personnel billets for
National Security Agency (NSA) oversight of tactical signals
intelligence (SIGINT) system development.
The House bill would not authorize the $5.0 million O&M
request.
The Senate amendment would authorize the budget request.
The conferees question the necessity for 82 persons to
perform a function that could be significantly facilitated by
automation and improved electronic connectivity, but recognize
both the importance of the program and the commitment of the
Deputy Secretary of Defense and the Director of NSA to this
effort. Accordingly, the conferees agree to authorize the
budget request, but direct that the 82 billets be transferred
from the Consolidated Cryptological Program (CCP) to the
Defense Cryptological Program (DCP), resulting in no net gain
in United States SIGINT System activities. The conferees
understand that this billet transfer may temporarily force NSA
to exceed its personnel ceilings. The conferees agree to
authorize NSA to remain above its personnel ceiling through
fiscal year 1997 for this purpose, but expect that, as of
September 30, 1997, NSA will meet its congressionally mandated
17.5 percent reduction target. The conferees also urge NSA to
review the requirements for each of these billets for validity
and consistency.
Department of Defense next generation weather radar-doppler
The Department of the Air Force operates 21 next
generation weather radar-doppler (NEXRAD) weather radar
equipment in CONUS that primarily function to protect military
locations. Additionally, Department of Defense (DOD) radar
provides supplementary data to the National Weather Service
(NWS) and its national radar network.
DOD NEXRADs are maintained at operational standards that
meet military requirements. Due to increasing NWS reliance on
the DOD NEXRADS for primary and back-up coverage, efforts have
been made to increase the reliability of the DOD radar to meet
NWS operating standards.
The conferees direct the Secretary of the Air Force to
report by March 31, 1996, on the measures needed to conform the
operation of the NEXRADS to the NWS operating standards. The
report should address any resource requirements, including
personnel and funds.
Reengineering household goods moves
The conferees commend the Department of Defense for
initiating efforts to incorporate efficient business practices
in its household goods moving operations. The objective of
these efforts should be to procure commercial services at the
lowest possible cost while ensuring service members and their
families receive the best possible service.
Current procurement practices are cumbersome and
inefficient, resulting in clearly unacceptable costs for both
DOD and the moving industry. It is not apparent that the time
and expense associated with processing redundant paperwork and
administering a government-unique system are necessary to
ensure a level of service for DOD customers that meets the
industry standard.
Further, current practices are structured in such a way
that service members and their families are subjected to
unnecessary administrative burdens. Claims procedures and the
evaluation system are outdated and seemingly disconnected from
the concept of quality control, and can be frustrating to
customers. Because military relocations account for a
substantial share of moving industry work, DOD should be able
to implement simple, cost-effective procedures which
simultaneously assure first class service for customers.
However, current DOD practices do not reflect best
industry practices, such that the DOD operation should be
reengineered, rather than simply reorganized. The conferees
direct the Secretary of Defense to initiate a pilot program to
reengineer household goods moves. The Secretary should direct
the incorporation of commercial practices, and report on the
program not later than February 15, 1996, prior to
implementation of any element of the pilot program. The report
should be accompanied by comments from the industry.
The Secretary may not implement any element of the pilot
program that could adversely affect small businesses, including
extension or application of Federal Acquisition Regulations
into this matter, until 90 days after the submission of the
report.
Legislative Provisions
legislative provisions adopted
Subtitle A--Authorization of Appropriations
Armed Forces Retirement Home (sec. 303)
The House bill contained a provision (sec. 303) that
would authorize an appropriation from the Armed Forces
Retirement Home (AFRH) Trust Fund for operation of the AFRH in
fiscal year 1996.
The Senate amendment contained a provision (sec. 303)
that would authorize an identical appropriation from the trust
fund, and authorize a new appropriation of $45.0 million to the
trust fund. The recommendation for this new appropriation
directly to the trust fund would address the problem of its
potential insolvency due to unanticipated decreases in the
long-established funding stream approved by Congress for
operation of the AFRH.
The Senate recedes.
Congress established a funding program whereby the AFRH
would be self-sustaining, and not dependent on public funds.
The U.S. Soldiers' and Airmen's Home in Washington, DC, has
operated successfully according to this program since its
inception in 1851. The U.S. Naval Home (established in 1834 and
located since 1976 in Gulfport, MS) had been funded
differently, relying on public funds from 1935 until 1991, when
both homes were incorporated into the AFRH (Armed Forces
Retirement Home Act of 1991; P.L. 101-510). The Act brought
both homes under the unified management of the Armed Forces
Retirement Home Board and merged the trust funds of the two
homes.
Subsequent to incorporation, the annual operating costs
for both homes of the AFRH have been authorized by Congress, to
be drawn (appropriated) from a single trust fund. Since the
funding program provided that interest from the trust fund,
fines and forfeitures, and a monthly assessment from the pay of
active duty enlisted service members and warrant officers would
maintain the solvency of the trust fund, no appropriation
outside the fund was envisioned to be necessary.
However, Congress did not anticipate the magnitude of
reductions in the armed forces prompted by the end of the Cold
War. These reductions caused a decrease in the funding stream
as the income derived from assessments decreased. The high
quality of the force resulted in fewer disciplinary problems,
which in turn resulted in less income from fines and
forfeitures. This is significant because fines and forfeitures
account for more than half the income.
The trust fund now has a negative cash flow because more
money is required for operation of the AFRH than is available
from income. The corpus of the trust fund is being depleted,
and the conferees recognize the need to implement changes to
prevent insolvency. The conferees believe it would be easier,
preferable, and more advantageous to implement corrective
measures in the next few years, rather than wait for the
problem to become much more serious.
The conferees note that Congress addressed the funding
problem in the National Defense Authorization Act for Fiscal
Year 1995 by providing authority for an increase in the monthly
assessment. The 1995 provision also established a schedule of
increases for resident fees and required a comprehensive study
by the Board on funding alternatives for the AFRH. However, the
study will not be completed until December 1995, and the
Department of Defense has declined to increase the assessment
prior to completion of the study. The conferees note that an
increase in the assessment, from 50 cents to one dollar per
month, may not of itself resolve the cash flow problem. A
combination of efficiencies and funding program changes may be
appropriate.
The conferees strongly support the fine work of the
Board, and agree to wait for the outcome of the study in order
not to restrict the consideration of efficiencies. The
conferees encourage the Secretary of Defense and the Board to
continue their efforts to examine alternative methods of
meeting the long-term financial requirements of the AFRH, while
maintaining high quality service for the residents.
Transfer from National Defense Stockpile Transaction Fund (sec. 304)
The Senate amendment contained a provision (sec. 304)
that would authorize the transfer of $150.0 million from the
National Defense Stockpile Transition fund to the operation and
maintenance accounts of the services.
The House bill contained no similar provision.
The House recedes.
Civil Air Patrol (sec. 305)
The Senate amendment contained a provision (sec. 305)
that would reduce the level of Department of Defense support to
the Civil Air Patrol (CAP) by $2.9 million from the budget
request of $27.5 million.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
This reduction would realize savings by accelerating a
CAP reorganization in which many of the functions performed by
Air Force personnel in the past would then be performed by
employees of the CAP. This reorganization, which was originally
planned to be completed in fiscal year 1997, will not be
completed during fiscal year 1996.
Subtitle B--Depot-Level Activities
Policy regarding performance of depot-level maintenance and repair for
the Department of Defense (sec. 311)
The House bill contained a provision (sec. 395) that
would amend current law to establish the importance to national
security of maintaining a core depot-level maintenance and
repair capability within Department of Defense (DOD)
facilities. The provision would address core work
determinations, interservicing, competition, and an exclusion
from workload limitations for large individual maintenance
projects. It would also repeal two limitations on the
performance of depot-level work (10 U.S.C. 2466 and 2469),
effective December 31, 1996.
The Senate amendment contained a provision (sec. 311)
that would require the Secretary of Defense to develop a
comprehensive policy on the performance of depot-level
maintenance and repair, and submit a report on the policy to
the congressional defense committees by March 31, 1996. The
provision would condition the repeal of the two current
limitations on congressional approval of the recommended
policy.
The House recedes with an amendment that would clarify
both the content of the policy and considerations to be made by
the Secretary. The amendment would also affirm that it is the
sense of Congress that DOD must articulate core workload
requirements as a necessary first step toward developing a
policy.
The conferees believe that it would be extremely
difficult for Congress to approve a policy that does not
provide for the performance of core depot-level workload in
public facilities.
Although the conferees do not wish to prescribe more than
a broad outline of the areas to be addressed by the Secretary,
the conferees believe it is useful to direct the Secretary to
consider numerous matters in developing the policy, and to
report on items of interest.
The conferees believe it is both preferable and entirely
possible for DOD to develop an acceptable, comprehensive policy
that will serve the best interests of national security. The
conferees also believe that such a policy could achieve
efficiencies, and result in resolving the constant debate over
how to apportion work between the public and private sectors.
With respect to the exclusion for large individual
maintenance projects contained in the House provision, the
conferees note that certain projects may account for a large
share of a military department's maintenance and repair budget.
This is the case with respect to complex overhauls of naval
vessels, particularly nuclear-powered aircraft carriers, whose
overhaul and refueling can absorb a large percentage of the
Navy's maintenance and repair budget in a given fiscal year.
Amounts expended for such large projects could, if counted
against the limitation prescribed under current law (10 U.S.C.
2466), affect the application of the formula for the
apportionment of work between the public and private sectors.
The conferees note that the impact of large maintenance
projects could have unintended consequences on the application
of section 2466. Until the workload limitations are repealed,
the conferees direct the Secretary of the Navy to monitor the
assignment of large individual maintenance projects closely and
continue to administer depot maintenance programs to avoid
unintended imbalances in workload distribution insofar as
practicable.
Management of depot employees (sec. 312)
The House bill contained a provision (sec. 332) that
would prohibit the management of depot employees by endstrength
constraints.
The Senate amendment contained no similar provision.
The Senate recedes.
Extension of authority for aviation depots and naval shipyards to
engage in defense-related production and services (sec. 313)
The Senate amendment contained a provision (sec. 312)
that would extend through fiscal year 1996 the authority
provided by section 1425 of the National Defense Authorization
Act of 1991, as amended, for naval shipyards and aviation
depots of all the services to bid on defense-related production
and services.
The House bill contained no similar provision.
The House recedes.
Modification of notification requirement regarding use of core
logistics functions waiver (sec. 314)
The House bill contained a provision (sec. 374) that
would modify section 2464(b) to title 10, United States Code,
concerning notification to Congress regarding the effective
date of the subject waiver.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle C--Environmental Provisions
Revision of requirements for agreements for services under the defense
environmental restoration program (sec. 321)
The Senate amendment contained a provision (sec. 321)
that would amend section 2701(d) of title 10, United States
Code, to ensure Department of Defense accountability for
reimbursements provided to states or territories. The Senate
amendment would limit the basis for state reimbursement. First,
states or territories participating in agreements under the
defense environmental restoration program would only receive
reimbursement for providing technical and scientific services.
Second, the provision would require the submission of a
reprogramming request for amounts in excess of $5.0 million.
The House bill contained no similar provision.
The House recedes with an amendment that would increase
the funding authorization to $10.0 million.
Addition of amounts creditable to the defense environmental remediation
account (sec. 322)
The House bill contained a provision (sec. 322) that
would provide for transfer account credit of amounts recovered
under section 107 of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (CERCLA) (42 U.S.C.
9601, et. seq.) or from other reimbursements to the Department
of Defense for environmental restoration activities.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Sense of Congress on use of defense environmental restoration account
(sec. 323)
The House bill contained a provision (sec. 326) that
would express the sense of Congress that by the end of fiscal
year 1997 no more than 20 percent of the annual funding for the
Defense Environmental Restoration Account should be spent for
administration, support, studies, and investigations.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would establish
a goal that by the end of fiscal year 1997 no more than 20
percent of the annual funding for the Defense Environmental
Restoration Account should be spent for administration,
support, studies, and investigations. The amendment would also
require the Department of Defense to submit a report to
Congress by April 1, 1996. The report would specify issues
related to attaining the 20 percent goal.
Revision of authorities relating to restoration advisory boards (sec.
324)
The Senate amendment contained a provision (sec. 323)
that would amend section 2705 of title 10, United States Code,
which authorizes establishment of restoration advisory boards
(RABs) to assist the Department of Defense with environmental
restoration activities at military installations. Section 2705
also provides a funding framework for local community members
of RABs and existing technical review committees.
About 200 Restoration Advisory Boards have been
established at operational and closing installations and
formerly used defense sites. Under current law, the RAB funding
sources for local community member participation and for
technical assistance are the Defense Environmental Restoration
Account (DERA) and the Base Realignment and Closure Account
(BRAC). Section 2705(e)(3)(B) provides a $7.5 million limit on
the use of DERA and BRAC funds to pay for RAB technical
assistance and community participation in fiscal year 1995.
Under section 2705(d)(3), routine administrative expenses for
RABs may be paid out of funds available for the operation and
maintenance of an installation, without any limit on the amount
of funds that may be expended for that purpose.
The Senate amendment would amend section 2705 to limit
funding sources to BRAC and DERA, not to exceed $4.0 million in
fiscal year 1996. Funds would be made available only for
routine administrative expenses and technical assistance. The
installation commander could obtain technical assistance for a
RAB to interpret scientific and engineering issues related to
the environmental restoration activities at the installation
where the RAB is functioning.
The House bill contained no similar provision.
The House recedes with an amendment that would increase
the funding authorization to $6.0 million. As part of the
amendment, the conferees have included language that would make
funds unavailable after September 15, 1996, unless the
Secretary of Defense publishes proposed final or interim final
regulations. Based on section 2705(d)(2) of title 10, United
States Code, the conferees anticipate that the Department would
already have made some progress in the promulgation of
regulations.
Funding for private sector sources of technical
assistance would be contingent on the following: (1) a
demonstration that the existing technical resources of the
Federal, state, and local agencies responsible for overseeing
environmental restoration at an installation could not serve
the objective for which technical assistance is requested; or
(2) outside assistance is likely to contribute to the
efficiency, effectiveness, or timeliness of environmental
restoration at an installation; and (3) outside assistance is
likely to contribute to community acceptance of environmental
restoration activities at an installation.
The conferees intend that the funds authorized pursuant
to this section would be the primary funding source for
technical assistance and administrative expenses associated
with RABs. The conferees strongly encourage the Secretary of
Defense to ensure that funds authorized for RABs are expended
in a manner that is consistent with obtaining technical
assistance and with payment of administrative expenses, and is
dispensed in accordance with the funding mechanism established
in this section. The RAB program should not serve as a drain on
the Superfund.
Discharge from vessels of the Armed Forces (sec. 325)
The Senate amendment contained a provision (sec. 322)
that would address incidental discharges from vessels of the
armed forces through the development of uniform national
discharge standards. The Federal Water pollution Control Act,
33 U.S.C. 1251 et seq., and implementing regulations currently
exempt incidental vessel discharges from permitting
requirements. Incidental discharges remain subject to varying
state regulation. The lack of uniformity has presented
operational problems for the Navy.
The Senate amendment is modeled after section 312 of the
Federal Water Pollution Control Act, 33 U.S.C. 1322, which
establishes uniform national discharge standards for sewage
discharges from all vessels. The standards provision would
extend this model to regulate non-sewage incidental discharges
from vessels of the armed forces.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
Operation of commissary system (sec. 331)
The House bill contained a provision (sec. 341) that
would revise the operation of the commissary store system,
allow contracts with other agencies, and revise payments to
vendor agents.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would eliminate
the revision of payments to vendor agents.
The conferees are concerned about the high cost of the
Defense Finance and Accounting Service procedures to process
the 1.5 million annual commissary invoices. The conferees
believe that innovative practices need to be pursued to reduce
this burden. The administrative costs consume funding that
could otherwise be used to improve patron services or reduce
costs.
The conferees direct the Secretary of Defense to conduct
a review of innovative practices to reduce this cost. Included
in this review should be an examination of the relationship
between the current distribution and invoicing practices. The
Secretary of Defense should report to the Senate Committee on
Armed Services and the House Committee on National Security by
February 15, 1996 on the recommended actions, if any, to reduce
these costs and how any savings will be used.
Additionally, the conferees note that the Defense
Commissary Information System and the Point-of-Sale
Modernization programs are essentially off-the-shelf commercial
grocery systems designed to improve patron service and increase
efficiency of commissary operations. As such, the conferees
believe the Secretary of Defense should get these systems on
line and operating with the minimum of review required to
ensure interface with other government data systems and
compliance with legislation and regulations essential to
protect the interests of the government.
Limited release of commissary store sales information to manufacturers,
distributors, and other vendors doing business with Defense
Commissary Agency (sec. 332)
The House bill contained a provision (sec. 343) that
would amend the procedures for the release of commissary stores
sales information.
The Senate amendment contained no similar provision.
The Senate recedes.
Economical distribution of distilled spirits by nonappropriated fund
instrumentalities (sec. 333)
The House bill contained a provision (sec. 344) that
would amend the procedures for the determination of the most
economical distribution of distilled spirits.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Transportation by commissaries and exchanges to overseas locations
(sec. 334)
The House bill contained a provision (sec. 345) that
would allow officials responsible for the operation of
commissaries and military exchanges the authority to negotiate
directly with private carriers for the most cost-effective
transportation of supplies by sea, without relying on the
Military Sealift Command or the Military Traffic Management
Command.
The Senate amendment contained no similar provision.
The Senate recedes.
Demonstration project for uniform funding of morale, welfare, and
recreation activities at certain military installations (sec.
335)
The House bill contained a provision (sec. 346) that
would require the Secretary of Defense to conduct a
demonstration program at six military installations under which
funds appropriated for the support of morale, welfare, and
recreation programs at the installations are combined with
nonappropriated funds available for these programs and treated
as nonappropriated funds.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment which would extend
the test to two years.
Operation of combined exchange and commissary stores (sec. 336)
The House bill contained a provision (sec. 347) that
would permit the continued operation of the base exchange mart
at Fort Worth Naval Air Station, Texas, and would allow for the
expansion of the Base Exchange Mart Program.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees approve this expansion with the
understanding that they do not intend that exchange marts
replace viable commissaries. When a commissary is identified
for closure, the exchange system will be permitted to conduct a
market survey to determine the viability of an exchange mart in
the closing commissary facility. The conferees do not expect
that an exchange mart would be in direct competition with a
commissary operating in close proximity to a proposed exchange
mart.
The conferees expect that exchange marts will operate in
a manner in which nonappropriated funds are not required to
sustain their operation. The conferees expect that every effort
will be made to operate the exchange marts in a manner which
requires only a minimal amount of appropriated fund support.
Deferred payment programs of military exchanges (sec. 337)
The House bill contained a provision (sec. 348) that
would require the Secretary of Defense to establish a uniform
exchange credit program that could use commercial banking
institutions to fund and operate the deferred payment programs
of the Army and Air Force Exchange Service and the Navy
Exchange Service.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
the provision by ensuring that any proposal be competitively
awarded and that prior to entering into any commercial program
the Secretary determine that it is in the best interests of the
exchange systems.
Availability of funds to offset expenses incurred by Army and Air Force
Exchange Service on account of troop reductions in Europe (sec.
338)
The House bill contained a provision (sec. 349) that
would require that the Secretary of Defense transfer not more
than $70 million to the Army and Air Force Exchange Service to
offset expenses incurred by the Army and Air Force Exchange
Service on account of reductions in the number of military
personnel in Europe.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
In order to avoid disruption of operations associated
with currency fluctuations and, in recognition of the unique
direct appropriation nature of commissaries as an entity of the
Defense Business Operations Fund, the conferees direct that the
military exchanges, other nonappropriated fund
instrumentalities, and commissaries be permitted to be included
in the Department of Defense foreign currency fluctuation fund.
Associated with the drawdown in Europe was an initiative
to transfer operations of the Stars and Stripes Bookstores to
the military exchanges. This transfer has a residual impact
upon certain employees. The conferees direct that the Army and
Air Force Exchange Service accept responsibility for resolving
the issue of employment, severance, and back pay for the 15
local national employees formerly employed by the Stars and
Stripes. The conferees expect that the Army and Air Force
Exchange Service can, in conjunction with the Army and Air
Force headquarters in Europe, resolve the current job action
concerning these 15 local national employees using funds
provided in this section.
Study regarding improving efficiencies in operation of military
exchanges and other morale, welfare, and recreation activities
and commissary stores (sec. 339)
The House bill contained a provision (sec. 350) that
would require the Secretary of Defense to conduct a study and
submit a report to Congress regarding the manner in which
greater efficiencies can be achieved in the operation of
military exchanges, commissary stores, and other morale,
welfare, and recreation activities.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees agree with the findings and scope of the
study called for in the House report (H. Rept 104-131). The
conferees believe that the Department of Defense should seek
opportunities to reduce labor costs in resale activities and to
reduce excessive overhead. Additionally, the conferees agree
that significant economies and revenue potential can be
realized in the area of management and oversight of overseas
slot machine operations. The conferees direct the Secretary of
Defense consider and, if appropriate, submit a plan to have one
service serve as the executive agent for the consolidated
management and operation of this function.
Repeal of requirement to convert ships' stores to nonappropriated fund
instrumentalities (sec. 340)
The House bill contained a provision (sec. 351) that
would extend, to December 31, 1996, the deadline for the
conversion of all Navy ships' stores to operate as
nonappropriated fund activities.
The Senate amendment contained a provision (sec. 373)
that would repeal section 371 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160)
requiring the Navy to convert ships' stores operations to a
Navy Exchange System agency.
The House recedes with an amendment that would require
the Inspector General of the Department of Defense to complete
a review of the Navy Audit Agency report regarding the
conversion of the Ships Stores pursuant to section 374 of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337).
Disposition of excess morale, welfare, and recreation (MWR) funds (sec.
341)
The Senate amendment contained a provision (sec. 371)
that would amend section 373 of the National Defense
Authorization Act for Fiscal Year 1995 to permit the Marine
Corps to retain the MWR funds transferred from Marine Corps
installations.
The House bill contained no similar provision.
The House recedes.
Clarification of entitlement to use of morale, welfare, and recreation
facilities by members of Reserve components and dependents
(sec. 342)
The Senate amendment contained a provision (sec. 633)
that would amend section 1065 of title 10, United States Code,
to give members of the retired reserve who would be eligible
for retired pay but for the fact that they are under 60 years
of age the same priority of use of morale, welfare, and
recreation facilities of the military services as members who
retired after active duty careers.
The House bill contained no similar provision.
The House recedes.
Subtitle E--Performance of Functions by Private-Sector Sources
Competitive procurement of printing and duplication services (sec. 351)
The House bill contained a provision (sec. 359) that
would direct the Defense Printing Service to procure at least
70 percent of printing and duplication work competitively.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would exempt
classified printing and duplication work from this calculation.
Direct vendor delivery system for consumable inventory items of
Department of Defense (sec. 352)
The House bill contained a provision (sec. 360) that
would require the Department of Defense (DOD) to arrange for
delivery of consumable inventory items directly from vendors to
military installations in the United States. Complete
implementation of this system would be required by September
30, 1997.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
DOD to use direct vendor delivery of consumable inventory items
whenever practicable.
Payroll, finance, and accounting functions of the Department of Defense
(sec. 353)
The House bill contained a provision (sec. 362) that
would require the Secretary of Defense to submit a plan to
Congress for the privatization of the payroll functions for
civilian employees of the Department of Defense and to
implement the plan not later than October 1, 1996.
The House bill contained a provision (sec. 368) that
would require the Secretary of Defense to conduct a pilot
program to test and evaluate the cost savings and efficiencies
of private operation of accounting and payroll functions of
nonappropriated fund instrumentalities of the Department of
Defense.
The Senate amendment contained a provision (sec. 352)
that would require the department of Defense to conduct a
review of the need for further expansion of Defense Finance and
Accounting Service (DFAS) operating locations, and to report to
the appropriate committees of the Congress prior to
establishing any new DFAS operating locations.
The House recedes with an amendment that would combine
and clarify the three provisions.
Demonstration program to identify overpayments made to vendors (sec.
354)
The House bill contained a provision (sec. 363) that
would require the Secretary of Defense to conduct a
demonstration program at the Defense Personnel Support Center,
Philadelphia, Pennsylvania, to evaluate the feasibility of
using private contractors to audit accounting and procurement
records of the Department of Defense.
The Senate amendment contained no similar provision.
The Senate recedes.
Pilot program on private operation of defense dependents' schools (sec.
355)
The House bill contained a provision (sec. 364) that
would allow the Secretary of Defense to conduct a pilot program
to assess the feasibility of using private contractors to
operate overseas dependents' schools and to report the results
of the pilot program to Congress.
The Senate amendment contained no similar provision.
The Senate recedes.
Program for improved travel process for the Department of Defense (sec.
356)
The House bill contained a provision (sec. 365) that
would require the Secretary of Defense to conduct a pilot
program including two prototype tests of commercial travel
applications to improve management of the Department of Defense
Travel System.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct
the Secretary to conduct a two-year test at a minimum of three
sites and a maximum of six sites, and to report to the Senate
Committee on Armed Services and the House Committee on National
Security at the conclusion of the first year.
The conferees do not intend this provision to be viewed
as authority for the Secretary of Defense to circumvent the
requirement for civilians to use adequate government quarters
where they are available.
Increased reliance on private-sector sources for commercial products
and services (sec. 357)
The House bill contained a provision (sec. 367) that
would require the Secretary of Defense to endeavor to obtain
products and services from the private sector. The provision
would require the Secretary of Defense to describe functions
that can be performed by the private sector and specify
impediments to outsourcing.
The Senate amendment contained no provision (sec. 386)
that would require the Secretary to report on the use of
private sector contractors to perform functions not essential
to the warfighting mission of the Department of Defense.
The Senate recedes with an amendment.
The conferees agree that DOD should make a maximum effort
to rely upon the private sector for commercial functions
whenever the same level of service can be obtained at a reduced
cost to the government, and the national security does not
require the activity to be retained in-house. The conferees
note with approval the many steps the Department has already
taken in this direction and encourage the Department to
continue in its efforts. The conferees urge the Department to
maintain close coordination with the Committee on Armed
Services of the Senate and the Committee on National Security
of the House regarding its efforts to downsize the federal
government while placing greater reliance upon the private
sector.
Subtitle F--Miscellaneous Reviews, Studies, and Reports
Quarterly readiness reports (sec. 361)
The House bill contained a provision (sec. 371) that
would require the Secretary of Defense to report quarterly to
the Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives on the
military readiness of the armed forces.
The Senate amendment contained no similar provision.
The Senate recedes.
Restatement of requirement for semiannual reports to Congress on
transfers from high-priority readiness appropriations (sec.
362)
The House bill contained a provision (sec. 373) that
would amend section 361 of the National Defense Authorization
Act for Fiscal Year 1995 in order to provide more detailed
guidance on the report required.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment. The
conferees are disappointed that the Department of Defense has
not been sufficiently thorough in reporting on transfers from
high-priority readiness appropriations and expect future
reports to be more substantive.
Report regarding reduction of costs associated with contract management
oversight (sec. 363)
The House bill contained a provision (sec. 376) that
would require the Comptroller General to submit a report to
Congress that would identify methods to reduce the cost of
Department of Defense management and oversight of contracts in
connection with major defense acquisition programs.
The Senate amendment contained no similar provision.
The Senate recedes.
Reviews of management of inventory control points and Material
Management Standard System (sec. 364)
The House bill contained a provision (sec. 391) that
would direct the Secretary of Defense to conduct a review
regarding consolidation of all inventory control points (ICP)
under the Defense Logistics Agency. The provision would also
prohibit implementation of the Materiel Management Standard
System (MMSS) until submission of the Secretary's report to the
Congressional defense committees.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary to report by March 31, 1996, on the advisability
of consolidating all ICP. The General Accounting Office would
review the Secretary's report, and review the MMSS. The
amendment would not impose a restriction on implementation of
the MMSS.
Report on private performance of certain functions performed by
military aircraft (sec. 365)
The Senate amendment contained a provision (sec. 390)
that would require the Secretary of Defense to report on the
feasibility of meeting requirements of VIP transportation,
airlift, air cargo, in-flight refueling and other functions by
using private contractors in lieu of military aircraft.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Strategy and report on automated information systems of Department of
Defense (sec. 366)
The House bill contained a provision (sec. 375) that
would prohibit the Secretary of Defense from obligating or
expending amounts greater than $2.4 billion for the development
and modernization of automated data processing programs pending
a report by the Inspector General of the Department of Defense
(DOD).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would remove
the restriction on obligation of funds. The conferees believe
that off-the-shelf automated information systems can improve
DOD property management. This includes software, laminate
barcode printers, barcode readers, and storage devices.
The conferees also endorse the requirement contained in
Title III of the House report (H. Rept. 104-131) in a paragraph
of the Items of Special Interest section, entitled ``Off-the-
shelf systems.'' The conferees direct the Secretary to include
in this report a discussion of functional processes that can
use existing private sector technology.
Subtitle G--Other Matters
Codification of Defense Business Operations Fund (sec. 371)
The House bill contained several provisions pertaining to
the Defense Business Operations Fund (DBOF).
Section 311 would modify DBOF by adding or precluding
various DBOF activities. The provision would also require
certain costs to be included in DBOF charges, and revise the
capital purchase authority threshold from $50,000 to $15,000.
Further, the provision would extend discretionary authority to
the Secretary of Defense or the Secretary of a military
department to purchase goods and services from non-DBOF
activities, if they are available at a more competitive rate.
Section 312 would require the Secretary of Defense to
manage DBOF under the immediate authority of the Under
Secretary of Defense (Comptroller). This would include central
management of cash balances. The provision would also prohibit
further expansion of the DBOF by adding new functions,
activities, funds or accounts to the DBOF.
Section 313 would require the inclusion of the costs of
military personnel, who perform duty in industrial fund
activities, in determining costs in DBOF activities. The
provision would also terminate the practice of billing in
advance for goods and services provided through the DBOF.
The Senate amendment contained no similar provisions.
The Senate recedes with a single amendment that would
codify DBOF, but amend the activities listed in the House bill
(sec. 312), not revise the capital purchase threshold, and
retain the prohibition on further expansion.
The amendment also would direct the Comptroller General
of the United States to determine the advisability of managing
DBOF at the Department of Defense (DOD) level. The conferees
recommend the defense committees review this matter in fiscal
year 1996 and consider the advisability of central management
in light of the Comptroller General's report and improvements
in the condition of the DBOF.
The amendment would permit advance billing for compelling
reasons, but require DOD to notify the defense committees of
the Congress after September 30, 1996 in the event the
aggregate total of advance billing exceeds $100.0 million
subsequent to enactment of the National Defense Authorization
Act for Fiscal Year 1996. Another report would be required each
time the aggregate amount of advance billing increases by
$100.0 million after the date of the preceding report.
The conferees previously expressed support for the DOD
plan to eliminate advance billing in fiscal year 1995 in the
conference report accompanying the National Defense
Authorization Act for Fiscal Year 1995. The practice of advance
billing appears to cause DBOF customers to refrain from
purchasing goods and services and it appears to promote
confusion, rather than good business, at the unit or
installation level.
The conferees also support the effort to capture total
costs in order to conduct business operations in accordance
with generally accepted business practices. The conferees
direct the Secretary of Defense to annotate the justification
books accompanying subsequent budget submissions for DBOF
activities, to reflect the total costs for both military and
civilian personnel. These costs should include items such as
salaries, benefits, and retirement plans. The conferees believe
it is necessary for Congress to evaluate the consequences of
including such costs in DBOF rates and pricing.
Clarification of services and property exchanged to benefit the
historical collection of the armed forces (sec. 372)
The House bill contained a provision (sec. 321) that
would clarify the law concerning the exchange of services and
property for the benefit of the historical collection of the
armed services.
The Senate amendment contained no similar provision.
The Senate recedes.
Prohibition on capital lease for Defense Business Management University
(sec. 373)
The House bill contained a provision (sec. 381) that
would prohibit the use of funds for any lease with respect to
the Center for Financial Management Education and Training of
the Defense Business Management University (DBMU) if the lease
would be treated as a capital lease for budgetary purposes.
The Senate amendment contained a provision (sec. 351)
that would require the Secretary of Defense to certify the need
for the Center for Financial Management Education and Training
of the DBMU, and report on Department of Defense financial
management training, 90 days prior to obligating funds for a
capital lease.
The Senate recedes.
Permanent authority for use of proceeds from the sale of certain lost,
abandoned, or unclaimed property (sec. 374)
The House bill contained a provision (sec. 388) that
would provide permanent authority for a successful
demonstration program for the disposal of certain personal
property.
The Senate amendment contained a provision (sec. 383)
that would provide similar permanent authority, but would
provide further authority to credit the operation and
maintenance account of a relevant installation for the costs
incurred to collect, transport, store, protect, or sell such
property. Net proceeds from a sale would be covered into the
Treasury. A mechanism for subsequent claims by an owner, heir,
etc., would also be provided.
The House recedes with a clarifying amendment.
Sale of military clothing and subsistence and other supplies of the
Navy and Marine Corps (sec. 375)
The House bill contained a provision (sec. 393) that
would provide to Navy and Marine Corps personnel the same
authority that Army an Air Force personnel currently have to
purchase replacement subsistence and other supplies.
The Senate amendment contained a similar provision (sec.
384).
The House recedes with a technical amendment.
Personnel services and logistical support for certain activities held
on military installations (sec. 376)
The House bill contained a provision (sec. 385) that
would clarify the authority of the Secretary of Defense in
regard to jamborees conducted by the Boy Scouts of America on
military installations.
The Senate amendment contained no similar provision.
The Senate recedes.
Retention of monetary awards (sec. 377)
The House bill contained a provision (sec. 386) that
would permit the Secretary of Defense to accept any monetary
award for excellence, given to the Department of Defense by a
nongovernmental entity, as an award in a competition
recognizing excellence or innovation in providing services or
administering programs. Such an award would be credited to the
appropriation of the command, installation, or activity that is
recognized in the award, as provided in appropriation acts. Not
more than 50 percent of the monetary award may be disbursed to
the persons who are responsible for earning the award, up to
$10.0 thousand per person.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would permit
the Secretary to accept such monetary awards and disburse the
award to the morale, welfare, and recreation nonappropriated
fund account of the command, installation, or activity involved
in earning the award. Certain incidental expenses could be
reimbursed from the award amount.
Provision of equipment and facilities to assist in emergency response
actions (sec. 378)
The House bill contained a provision (sec. 383) that
would amend section 372 of title 10, United States Code, to
authorize the Department of Defense to provide assistance in
the form of training facilities, sensors, protective clothing,
antidotes, and other materials and expertise to appropriate
federal, state, or local law enforcement agencies for
responding to emergencies involving chemical or biological
agents.
The Senate amendment did not contain a similar provision.
The Senate recedes with a technical amendment.
Department of Defense military and civil defense preparedness to
respond to emergencies resulting from a chemical, biological,
radiological, or nuclear attack (sec. 379)
The Senate amendment contained a provision (sec. 223)
that would require the Secretaries of the Departments of
Defense and Energy, in consultation with the Federal Emergency
Management Agency (FEMA), to submit a report to Congress that
would describe the military and civil defense plans and
programs to respond to the use of chemical, biological,
nuclear, and radiological agents or weapons against a civilian
population located in the United States or near a U.S. military
installation.
The House bill did not contain a similar provision.
The House recedes with an amendment.
Legislative Provisions Not Adopted
Office of Economic Adjustment
The House bill contained a provision (sec. 304) that
would increase the amount of funds available to the Office of
Economic Adjustment by $1.5 million.
The Senate amendment contained no similar provision.
The House recedes.
Annual proposed budget for operation of defense business operations
fund
The House bill contained a provision (sec. 314) that
would require that the budget request for the Department of
Defense include the amount of funds necessary to cover the
operating losses of the Defense Business Operations Fund for
the previous year.
The Senate amendment contained no similar provision.
The House recedes.
Reduction in requests for transportation funded through Defense
Business Operations Fund
The House bill contained a provision (sec. 315) that
would direct a reduction in requests for purchasing
transportation through the Defense Business Operations Fund
during fiscal year 1996 by $70.0 million from the amount
purchased in fiscal year 1995. The provision would also require
a report on achieving certain efficiencies.
The Senate amendment contained no similar provision.
The House recedes.
The conferees are concerned about the amount of overhead
carried by the Department of Defense (DOD) to support its
transportation infrastructure. The conferees direct the
Secretary of Defense to submit a report to Congress by March 1,
1996. The Secretary should address changes to the
transportation infrastructure and implementation of
consolidation proposals, such as the elimination of duplication
in component command structure. The Secretary should also
address measures to reduce transportation overhead without
adversely affecting operational and mobilization requirements.
The conferees recommend a $70.0 million reduction in
anticipation of savings from improvements and efficiencies.
Repeal of certain environmental education programs
The House bill contained a provision (sec. 323) that
would repeal sections 1333 and 1334 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10
U.S.C. 2701, note).
The Senate amendment contained no similar provision.
The House recedes.
Repeal of limitation on obligation of amounts transferred from
environmental restoration transfer account
The House bill contained a provision (sec. 324) that
would eliminate the statutory ``fence'' that precludes the
transfer of funds from the Defense Environmental Restoration
Account (DERA) for purposes unrelated to environmental
remediation.
The Senate amendment contained no similar provision.
The House recedes.
Elimination of authority to transfer amounts for toxicological profiles
The House bill contained a provision (sec. 325) that
would amend section 2704 of title 10, United States Code. The
provision would eliminate authority for the Department of
Defense to use Defense Environmental Restoration Account funds
to reimburse the Agency for Toxic Substance and Disease
Registry (ATSDR), a branch of the U.S. Public Health Service.
Reimbursement is currently provided to ATSDR for performing
statutorily required health assessments and health risk studies
at Defense installations listed on the National Priorities List
(NPL).
The Senate amendment contained no similar provision.
The House recedes.
Pricing policies for commissary store merchandise
The House bill contained a provision (sec. 342) that
would reduce administrative costs in pricing commissary
merchandise.
The Senate amendment contained no similar provision.
The House recedes.
The conferees recognize that there may be potential
savings for the Defense Commissary Agency (DeCA) if variable
pricing was permitted. Therefore, the conferees direct that the
Secretary of Defense submit a report to the Senate Committee on
Armed Services and the House Committee on National Security not
later than May 1, 1996 describing how a variable pricing policy
would be implemented; the estimated savings, if any; the impact
on customers and suppliers; and a recommended legislative
proposal, if appropriate.
Procurement of electricity from most economical source
The House bill contained a provision (sec. 357) that
would require the Department of Defense (DOD) to procure
electricity from the most economical source.
The Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Department of Defense to consult
with the Federal Energy Regulatory Commission (FERC) on methods
to obtain lower prices for the electricity procured by the DOD,
including procurement of such electricity through competitive
sources. Decisions with regard to procurement of electricity by
the DOD and the FERC should take into consideration the cost
savings potential to the DOD and the recovery of the specific
cost of utility investment that is directly attributable to
existing arrangements and understandings with the DOD.
The conferees direct the Department of Defense to submit
a report to Congress by March 1, 1996 on the feasibility of
attaining the most economical price for electricity under
existing statutes. In addition, the DOD shall report on all
legislative or regulatory impediments to procuring electricity
from the most economical source and the potential cost savings
inherent to the elimination of such impediments. The report
shall also identify those bases or facilities that are in the
best position to use competitive sources of electricity.
Procurement of certain commodities from most economical source
The House bill contained a provision (sec. 358) that
would enable the Department of Defense (DOD) to procure
commodities from a source other than the General Services
Administration (GSA) if the source can provide the commodities
at a lower cost.
The Senate amendment contained no similar provision.
The House recedes.
The conferees are aware that the requirement for DOD to
purchase commodities from GSA denies DOD the flexibility to
pursue good business practices by preventing DOD from procuring
items at the lowest cost. This inflexibility seems to run
counter to the desire of Congress, and it does not promote good
business practices within DOD. Encouraging managers at all
levels to make sound business decisions is an underlying
fundamental of the Defense Business Operations Fund concept.
The conferees direct the Secretary of Defense to report
to the congressional defense committees by March 1, 1995,
regarding the advisability of obtaining the authority to bypass
GSA. The Secretary should identify any statutory relief
necessary.
Private operation of functions of Defense Reutilization and Marketing
Service
The House bill contained a provision (sec. 361) that
would require the Secretary of Defense to solicit for
performance, by commercial entities, of selected functions of
the Defense Reutilization and Marketing Service (DRMS). The
provision would require the Secretary to report on those
functions that should continue to be performed by Department of
Defense (DOD) civilian employees not later than July 1, 1996.
The Senate amendment contained no similar provision.
The House recedes.
The conferees expect the Secretary to address the
privatization of DRMS functions as part of the DOD-wide review
and report, regarding increased reliance on private sector
sources for commercial products and services, required
elsewhere in this bill.
Pilot program for private operation of consolidated information
technology functions of Department of Defense
The House bill contained a provision (sec. 366) that
would require the Secretary of Defense to enter into
negotiations for contracting-out the workload of three Defense
Megacenters. This effort would serve as a three-year pilot
program to determine the advisability of having this type of
work performed by the private sector. The goal of the program
would be to achieve savings of at least 35 percent over current
practices. Further consolidation of megacenters, to fewer than
the 16 currently identified, would be prohibited until
completion of the pilot program.
The Senate amendment contained no similar provision.
The House recedes.
The conferees believe there is significant potential to
make improvements in the efficiency and effectiveness of the
Department of Defense (DOD) data processing operations, to
include the data megacenters. The conferees also believe there
may be significant potential to achieve savings from
contracting-out work that is not military-essential or
otherwise unique to government. However, judgments on the
advantages of contracting-out work should be based on economic
and mission analyses, which the DOD has not performed.
The conferees direct the Secretary to submit a report on
this matter to the defense committees by May 31, 1996. The
report should include: the rationale for contracting-out work;
an analysis of the costs and benefits of contracting-out a
portion of the workload; a detailed description of information
technology functions and services performed by megacenters that
are not considered military essential; and the amount of
savings anticipated to be achieved by contracting-out. The
conferees note that functions considered to be military-
essential, and those that pertain to information security,
military readiness, certain aspects of training, and
warfighting, are not required to be addressed in this report.
Authority of Inspector General over investigations of procurement fraud
The House bill contained a provision (sec. 382) that
would consolidate responsibility for all investigations of
procurement fraud within the Department of Defense under the
Inspector General.
The Senate amendment contained no similar provision.
The House recedes. Under the Inspector General Act of
1978, as amended, the overall responsibility for investigations
within the DOD, including procurement fraud investigations,
rests with the Inspector General. The Inspector General has
full authority to investigate any allegations of procurement
fraud involving a DOD contractor. Day-to-day responsibility for
the conduct of procurement fraud investigations is divided
among the investigative organizations of the Department of
Defense and each of the military departments. The Inspector
General also has full authority to assume responsibility for
any procurement fraud investigation initiated by one or more of
the military departments.
The Defense Advisory Board on the Investigative
Capabilities of the DOD unanimously recommended that fraud
investigations be consolidated into the Office of the Inspector
General. The recommendation was based on several objectives
that would include eliminating joint investigations,
eliminating confusion over joint investigations, and increasing
the capability to identify multiple acts of fraud by the same
contractors.
The conferees note that there have been continuing
concerns about duplication and coordination between the
Department of Defense Inspector General and the investigative
components of the military departments with respect to major
procurement fraud investigations. The conferees agree that the
Department must endeavor to concentrate procurement fraud
efforts on investigations rather than jurisdictional disputes.
Therefore, the conferees believe that the Secretary of Defense
should make every effort to ensure that this important function
is performed in the most efficient and effective manner,
avoiding the necessity for joint investigations to the maximum
extent practicable.
The conferees are encouraged to note that the Department
recently established a coordinating council, headed by the DOD
Inspector General, to address some of the concerns raised by
the Defense Advisory Board. To ensure the effectiveness of the
new procedures, the conferees direct that the Secretary review
the newly constituted Secretary's Board on Investigations, with
a particular emphasis on maximizing the efficiency and
effectiveness of major procurement fraud investigations. As
part of this review, the Secretary should assess: (1) the
optimal level of resources required to ensure a robust
oversight function within the Department; (2) which DOD
investigative components should conduct procurement fraud
investigations; and (3) the optimal organization required to
increase the DOD capability to maximize procurement fraud
recoveries and indictments.
The conferees direct the Secretary to provide a report by
May 1, 1996, to the congressional defense committees on the
results of this review. The conferees will assess this report
to ascertain whether further legislation is necessary to
address remaining concerns over duplication and coordination
problems among the DOD investigative components.
Transfer of excess personal property to support law enforcement
activities
The House bill contained a provision (sec. 389) that
would amend section 1208(a)(1)(A) of the National Defense
Authorization Act for Fiscal Years 1990 and 1991, concerning
the transfer of excess personal property. This provision would
expand current authority to permit the Secretary of Defense to
transfer excess property to state and other federal agencies
for use in law enforcement activities. Current authority
contained in the above section addresses only transfers to such
agencies for their use in counter-drug activities.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that numerous avenues currently exist
to transfer excess property to state and other federal
agencies, including law enforcement agencies which do not have
explicit counternarcotics responsibilities. However, there
appears to be no coherent policy, priority, or central data
base which allows such agencies to learn what is available at a
given time, or to effect a transfer without inordinate
administrative work.
The conferees direct the Secretary of Defense to review
this matter and report to the defense committees of the
Congress not later than March 30, 1996, on developing a
comprehensive policy and establishing procedures which would
assist state and federal law enforcement agencies in
identifying and obtaining such equipment. The Secretary should
consider Memoranda of Understanding as a means to effect
transfers.
The Secretary should also give high priority
consideration to state and federal law enforcement agencies
that demonstrate their need for such equipment.
Development and implementation of innovative processes to improve
operation and maintenance
The House bill contained a provision (sec. 390) that
would direct that $350.0 million, of the funds authorized and
appropriated for defense-wide operation and maintenance, be
available for the development or acquisition of information
technologies and reengineered functional processes.
The Senate amendment contained no similar provision.
The House recedes.
Sale of 50 percent of current war reserve fuel stocks and prepositioned
war reserves
The House bill contained a provision (sec. 392) that
would require the Secretary of Defense to reduce war reserve
fuel stocks of the Department of Defense to a level equal to 50
percent of the level of such stocks on January 1, 1995.
The Senate amendment contained no similar provision.
The House recedes.
The conferees believe that the DOD has made considerable
progress in identifying its fuel requirements necessary for
wartime operations. This has led to a reduction in the required
level of war reserves. The conferees urge the DOD to continue
its efforts in this area in order to save money while
maintaining military readiness.
The conferees further believe that there is considerable
opportunity to address critical afloat and ashore war reserve
deficiencies. The conferees agree to add $60 million for
purchases of critical war reserve stocks. This funding is
authorized in the operation and maintenance, defense-wide
activities account for application to high priority war reserve
requirements. The Secretary of Defense is requested to report
on the expenditure of these funds to the congressional defense
committees prior to their allocation and should seek the views
of theater commanders-in-chief in determining the application
of these resources.
Southwest border states anti-drug information system
The House bill included a provision (sec. 396) that
indicated that the Southwest Border States Anti-Drug
Information Systems program is an important element of the
Department of Defense support of law enforcement agencies in
the fight against illegal trafficking of narcotics.
The Senate amendment contained no similar provision.
The House recedes. The Southwest Border States Anti-Drug
Information System is addressed elsewhere in this statement of
managers.
Elimination of certain restrictions on purchases and sales of items by
exchange stores and other morale, welfare, and recreation (MWR)
facilities
The Senate amendment contained a provision (sec. 372)
that would eliminate the cost, price, size, and country of
origin limitations on purchases and sales of items sold in the
military exchanges and morale, welfare, and recreation
facilities.
The House bill contained no similar provision.
The Senate recedes.
Funding for Troops to Teachers and Troops to Cops Programs
The Senate amendment contained a provision (sec. 388)
that would authorize $42.0 million for the Troops-to-Teachers
program and $10.0 million for the Troops-to-Cops program from
amounts authorized for military personnel for fiscal year 1996.
The House bill contained no similar provision.
The Senate recedes.
The conferees recognize that these programs address the
economic dislocation among service members caused by the
defense drawdown. Therefore, the conferees invite the
Department of Defense to determine whether use of existing
resources, if available, is appropriate to continue these
programs.
Authorization of amounts requested in the budget for Junior ROTC
The Senate amendment contained a provision (sec. 389)
that would restore the authorization to fund Junior Reserve
Officer's Training Corps (JROTC) at the budget request.
The House bill authorized the JROTC program at the budget
request.
The Senate recedes.
The conferees agree to authorize the JROTC program at the
budget request.
Use of commissary stores by members of the ready reserve
The Senate amendment contained a provision (sec. 631)
that would permit members of the ready reserve to use
commissaries on the same basis as members on active duty.
The House bill contained no similar provision.
The Senate recedes.
Use of commissary stores by retired reserves under age 60 and their
survivors
The Senate amendment contained a provision (sec. 632)
that would permit survivors of ``gray area'' retirees, members
of the retired reserve who have not attained the age of 60
years, to use commissaries as if the sponsor had attained 60
years of age and was receiving retirement benefits.
The House bill contained no similar provision.
The Senate recedes.
Title IV--Military Personnel Authorizations
ITEMS OF SPECIAL INTEREST
Minimum force structure levels for Navy Light Airborne Multipurpose
System helicopters
The conferees note that the Navy Light Airborne
Multipurpose System (LAMPS) antisubmarine warfare helicopter
fleet provides an essential element to the Nation's overall
antisubmarine warfare capability. The conferees understand that
the Navy has no plans to reduce the number of active or reserve
LAMPS squadrons below the 14 currently in the force structure
during fiscal years 1996 or 1997. The conferees believe that 14
LAMPS squadrons is the minimum structure necessary and fully
expect the Navy to continue to support that level of force
structure.
legislative provisions
legislative provisions adopted
Subtitle A--Active Forces
End strengths for active forces (sec. 401)
The House bill contained a provision (sec. 401) that
would establish active duty end strengths for fiscal year 1996.
The Senate amendment contained a similar provision (sec.
401), but would include an increase of 340, of which 65 would
be officers, in Navy end strength to permit the Navy to retain
an active P-3 squadron scheduled for inactivation in fiscal
year 1996.
The following table summarizes the authorized active duty
end strengths for fiscal year 1996.
----------------------------------------------------------------------------------------------------------------
Fiscal year
-----------------------------------------------
1995 1996
Authorization 1996 Request Recommendation
----------------------------------------------------------------------------------------------------------------
Army:
Total....................................................... 510,000 495,000 495,000
Officer..................................................... .............. 81,300 81,300
Navy:
Total....................................................... 441,641 428,000 428,340
Officer..................................................... .............. 58,805 58,870
Marine Corps:
Total....................................................... 174,000 174,000 174,000
Officer..................................................... .............. 17,978 17,978
Air Force:
Total....................................................... 400,051 388,200 388,200
Officer..................................................... .............. 75,928 75,928
Total................................................... 1,525,692 1,485,200 1,485,540
Officer................................................. .............. 234,011 234,076
----------------------------------------------------------------------------------------------------------------
The House bill also contained a provision (sec. 521) that
would establish permanent end strength levels beginning in
fiscal year 1996.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would integrate
the House bill provision (sec. 521) into this section.
Temporary variation in DOPMA authorized end strength limitations for
active duty Air Force and Navy officers in certain grades (sec.
402)
The House bill contained a provision (sec. 402) that
would authorize a temporary increase in the number of officers
who can serve on active duty in the grade of major in the Air
Force and in the grades of lieutenant commander, commander, and
captain in the Navy until September 30, 1997.
The Senate amendment contained a similar provision (sec.
402).
The House recedes.
The conferees fully expect the Secretary of Defense to
provide a comprehensive proposal to restructure the authorized
strength tables for commissioned officers on active duty in
time for the committee to address, in the National Defense
Authorization Act for Fiscal Year 1997, a permanent solution to
perceived recurring shortages of officers in controlled grades
for each service.
Certain general and flag officers awaiting retirement not to be counted
(sec. 403)
The Senate amendment contained a provision (sec. 403)
that would exempt a retiring Chairman of the Joint Chiefs,
Chief of Staff of the Army, Chief of Naval Operations, Chief of
Staff of the Air Force, or Commandant of the Marine Corps from
being included in the number of general and flag officers on
active duty, authorized to be serving in the grade of general
and admiral, during the period when they would complete those
activities necessary to transition to the retired list after
they have been relieved from their former position.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees agree that the five positions in this
provision represent the totality of the critical positions for
which an exemption of this type is appropriate. The conferees
expect that the Department will not request exemptions for any
additional general/flag officer positions.
The conferees intend that this authority would not be
used for more than 60 calendar days.
Subtitle B--Reserve Forces
End strengths for selected reserve (sec. 411)
The House bill contained a provision (sec. 411) that
would authorize selected reserve end strength levels for fiscal
year 1996.
The Senate amendment contained a similar provision (sec.
411).
The following table summarizes the authorized end
strength levels for the selected reserve for fiscal year 1996.
------------------------------------------------------------------------
Fiscal year
-----------------------------------------
1995 1996 1996
Authorization Request Recommendation
------------------------------------------------------------------------
The Army National Guard of the
United States................ 400,000 373,000 373,000
The Army Reserve.............. 242,000 230,000 230,000
The Naval Reserve............. 102,960 98,602 98,894
The Marine Corps Reserve...... 42,000 42,000 42,274
The Air National Guard of the
United States................ 115,581 109,458 112,707
The Air Force Reserve......... 78,706 73,969 73,969
The Coast Guard Reserve....... 8,000 8,000 8,000
------------------------------------------------------------------------
The conferees have approved an increase in the Naval
Reserve end strength, which reflects the recommendation that
the Navy retain one reserve P-3 squadron currently scheduled
for inactivation in fiscal year 1996.
The conferees have approved an increase in the Marine
Corps Reserve end strength, which reflects the conferees'
recommendation that the authorized number or reservists on
active duty in support of the Marine Corps Reserve be
increased.
The conferees have approved an increase in the Air
National Guard end strength, which reflects the conferees'
recommendation that the Air Force maintain the PAA squadrons at
15 aircraft per squadron in fiscal year 1996.
End strengths for the Reserves on active duty in support of the
Reserves (sec. 412)
The House bill contained a provision (sec. 412) that
would authorize reserve full-time support end strength levels
for fiscal year 1996.
The Senate amendment contained a similar provision (sec.
412).
The following table summarizes the reserve full-time
support end strength levels for fiscal year 1996.
------------------------------------------------------------------------
Fiscal year
----------------------------------------
1995 1996 1996
authorization request recommendation
------------------------------------------------------------------------
The Army National Guard of the
United States................. 23,650 23,390 23,390
The Army Reserve............... 11,940 11,575 11,575
The Naval Reserve.............. 17,510 17,490 17,587
The Marine Corps Reserve....... 2,285 2,285 2,559
The Air National Guard of the
United States................. 9,389 9,817 10,066
The Air Force Reserve.......... 648 628 628
------------------------------------------------------------------------
The conferees have approved an increase in the authorized
number of reservists on active duty (AR's) in support of the
Marine Corps Reserve. The conferees note that this increase is
intended to complement existing active duty support, and is not
a substitute for any portion of the active duty support that is
part of the Inspector-Instructor system. Therefore, the
conferees direct that the Inspector-Instructor support system
not be reduced as a result of any AR increase. Further, the
conferees direct that the AR increase of 274 personnel be
utilized to the extent that it is supported by a specific
appropriation. The conferees do not support increasing the AR
program if it means reducing any other reserve programs.
The increases in the number of reservists on active duty
in support of the Naval Reserve reflects the conferees'
approval of additional selected reserve strength to enable the
Navy to retain a reserve P-3 squadron.
The increase in the number of reservists on active duty
in support of the Air National Guard reflects the conferees'
approval of selected reserve strength to enable the Air
National Guard to retain the PAA squadrons at 15 aircraft per
squadron.
Counting of certain active component personnel assigned in support of
Reserve component training (sec. 413)
The House bill contained a provision (sec. 413) that
would permit active duty personnel assigned to active duty
units, that have been and continue to be established for the
principal purpose of providing dedicated training support to
reserve component units, to be counted toward the number of
advisers required by section 414(c) of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190).
The Senate amendment contained no similar provision.
The Senate recedes.
Increase in the number of members in certain grades authorized to serve
on active duty in support of the Reserves (sec. 414)
The Senate amendment contained a provision (sec. 413)
that would temporarily increase the number of members of
certain grades authorized to serve on active duty in support of
the reserves.
The House bill contained no similar provision.
The House recedes.
Reserves on active duty in support of Cooperative Threat Reduction
Programs not to be counted (sec. 415)
The Senate amendment contained a provision (sec. 414)
that would exempt members of a reserve component who
participate in Cooperative Threat Reduction Act programs from
being counted against the authorized active duty end strength.
The House bill contained no similar provision.
The House recedes.
Reserves on active duty for military-to-military contacts and
comparable activities not to be counted (sec. 416)
The Senate amendment contained a provision (sec. 415)
that would amend section 168 of title 10, United States Code,
to exempt members of a reserve component who participate in
activities or programs specified in section 168, for over 180
days, from counting against the end strengths for members of
the armed services on active duty, authorized by section
115(a)(1) of title 10, United States Code.
The House bill contained no similar provision.
The House recedes.
Subtitle C--Military Training Student Loads
Authorization of training student loads (sec. 421)
The House bill contained a provision (sec. 421) that
would approve the training students loads contained in the
President's budget.
The Senate amendment contained an identical provision
(sec. 421).
The conference agreement includes this provision.
Subtitle D--Authorization of Appropriations
Authorization for increase in active duty end strengths (sec. 432)
The House bill contained a provision (sec. 432) that
would authorize $112.0 million in additional funds available
for increasing military personnel end strengths within the
Department of Defense above those levels requested by the
President's budget.
The Senate amendment contained no similar provision.
The Senate recedes.
Title V--Military Personnel Policy
items of special interest
Funding for the Family Advocacy Program and the New Parent Support
Program
The conferees are concerned about the adequacy of funding
requested by the Department of Defense for the Family Advocacy
Program (FAP) and the lack of funding for the New Parent
Support Program (NPSP). The conferees agree to provide an
increase of $30.0 million for the FAP and $25.6 for the NPSP.
The conferees direct that the NPSP increase be allocated as
follows: Army--$10.0 million; Navy--$7.0 million; Marine
Corps--$5.0 million; Air Force--$3.6 million. The conferees
take this action in response to the significant strains placed
on military families as a result of the high operations tempo
in all services. The conferees consider the FAP and the NPSP
critical to the readiness and retention of quality people.
The conferees recognize that there is fierce competition
within the Department of Defense, and among the services, for
scarce operations and maintenance funds. The conferees are
concerned that the FAP and NPSP funding may be used for other
purposes. If the Department or a service attempt to reduce,
divert, or reprogram the FAP or NPSP funding for some other
purpose, the conferees would consider such an action to be in
direct contravention of congressional intent.
legislative provisions
Legislative provisions adopted
Subtitle A--Officer Personnel Policy
Joint officer management (sec. 501)
The Senate amendment contained a provision (sec. 501)
that would amend joint officer management policies in four
areas: (1) the number of required critical joint duty
assignment positions; (2) joint duty assignment credit for
certain qualifying joint task force positions; (3) the
education and experience sequencing requirement for the award
of the joint specialty to general and flag officers; and (4)
tour length requirements for certain officers on a second joint
tour.
The House bill contained no similar amendment.
The House recedes with a clarifying amendment.
The conferees note that this amendment is intended to
provide to the civilian and military leadership of the
Department of Defense some flexibility to manage the various
joint officer programs, without undermining the fundamental
tenets and goals of the Goldwater-Nichols Department of Defense
Reorganization Act of 1986. Therefore, none of the changes
included in the conference agreement should be perceived as
diminishing the importance of joint duty assignments or the
importance of rigorous preparation before the award of the
joint specialty or the need for judicious management of those
officers to whom that designator has been awarded. The
conferees revised the Department's original proposal to
preclude the Department from rapidly rotating officers through
joint task force assignments and thereby circumventing the
fundamental intent of the Goldwater-Nichols Department of
Defense Reorganization Act of 1986.
Regarding credit for service in joint task force and
multinational force positions, the conferees recognize that
certain positions will provide real-world joint experience
equal to or greater than that provided by some positions on the
Joint Duty Assignment List. Additionally, the conferees believe
that authorizing the Secretary of Defense to award joint duty
credit for certain officers serving in joint task force
positions will permit deserving in-service assignments to
receive joint duty assignment credit. The conferees fully
expect the Secretary of Defense to closely manage the award of
joint duty credit for such positions.
Retired grade for officers in grades above major general and rear
admiral (sec. 502)
The Senate amendment contained a provision (sec. 505)
that would permit the retirement of three- and four-star
generals and flag officers to be considered under the same
standards and procedures as general and flag officer
retirements at the one- and two-star level.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Wearing of insignia for higher grade before promotion (sec. 503)
The Senate amendment contained a provision (sec. 507)
that would define ``frocking'' and limit the numbers of
officers that could be frocked to grades 0-4 through 0-7.
Frocking is the practice of allowing an officer to wear
the insignia of a higher grade prior to appointment to that
higher grade. While the Department of Defense has attempted to
control the extent of frocking through regulation, the practice
remains a means by which the services routinely circumvent the
statutory limits on the number of officers authorized to serve
in certain grades.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Authority to extend transition period for officers selected for early
retirement (sec. 504)
The House bill contained a provision (sec. 501) that
would authorize the secretaries of the military departments to
defer the date of retirement for officers selected for early
retirement for up to 90 days, to avoid personal hardship or for
other humanitarian reasons.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the service secretary to make the decision on a case-by-case
basis and would prohibit any delegation of this authority.
The conferees expect the Secretary of Defense and the
service secretaries to modify the instructions, regulations,
and policies pertaining to enlisted personnel in order to
provide an equivalent benefit for enlisted personnel.
Army officer manning levels (sec. 505)
The House bill contained a provision (sec. 522) that
would require that, beginning in fiscal year 1999 and
thereafter, the annual Army end strength be sufficient to meet
at least 90 percent of active Army officer manpower
requirements.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Authority for medical department officers other than physicians to be
appointed as Surgeon General (sec. 506)
The Senate amendment contained a provision (sec. 503)
that would amend sections 3036, 5137, and 8036 of title 10,
United States Code, to permit educationally and professionally
qualified officers, such as dentists, nurses, and clinical
psychologists, as well as doctors, to be appointed as surgeon
general of an armed force.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Deputy Judge Advocate General of the Air Force (sec. 507)
The Senate amendment contained a provision (sec. 504)
that would amend section 8037 of title 10, United States Code,
to adjust the tenure of the Deputy Judge Advocate General of
the Air Force from two years to four years and authorize the
grade of major general for that position.
The House bill contained no similar provision.
The House recedes.
Authority for temporary promotions for certain Navy lieutenants with
critical skills (sec. 508)
The House bill contained a provision (sec. 552(d)) that
would extend the authority for the Navy to ``spot promote''
certain lieutenants serving in positions involving critical
skills.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would extend
the authority until September 30, 1996 and limit the number of
positions to which an officer could be promoted under this
authority.
Retirement for years of service of Directors of Admissions of Military
and Air Force Academies (sec. 509)
The Senate amendment contained a provision (sec. 508)
that would authorize the Secretary of the Army to involuntarily
retire the Director of Admissions, United States Military
Academy, after 30 years of service as a commissioned officer.
The House bill contained no similar provision.
The House recedes with an amendment that would make the
Air Force Academy subject to the application of the provision.
Subtitle B--Matters Relating to Reserve Components
Extension of certain reserve officer management authorities (sec. 511)
The House bill contained a provision (sec. 552) that
would extend authorities that provide for the appointment,
promotion, and retirement of reserve officers (sec. 552 a-c),
and the promotion of certain officers on active duty in the
Navy (sec. 552d).
The Senate amendment contained an identical provision
(sec. 506), except for the authority to provide for the
promotion of certain officers on active duty in the Navy.
The conference agreement includes the identical
provisions.
The promotion of certain officers on active duty in the
Navy is addressed elsewhere in the conference report.
Mobilization Income Insurance Program for members of Ready Reserve
(sec. 512)
The House bill contained a provision (sec. 517) that
would authorize an income protection insurance plan for members
of the Ready Reserve.
The Senate amendment contained a similar provision (sec.
511).
The conference agreement includes this provision.
Military technician full-time support program for Army and Air Force
Reserve components (sec. 513)
The House bill contained a provision (sec. 511) that
would restore military technician end strength to nearly the
fiscal year 1995 level and require that the Secretary of
Defense, in the future, manage military technicians by annual
end strength. This section would also prohibit military
technicians in certain high priority units and activities, but
not those at management-level headquarters, from being subject
to broad civilian personnel reductions. In addition, this
section would require the Secretary of Defense, within six
months of enactment, to initiate measures to consolidate and
streamline management-level headquarters at the National,
regional, and state level in the Air Force and Army Reserve and
National Guard. This section would also require that, after the
date of enactment, only dual-status technicians be hired.
The Senate amendment contained a provision (sec. 331)
that would establish a floor for military technicians in the
Army and Air Force Reserve and National Guard for fiscal years
1996 and 1997.
The Senate recedes with an amendment that would establish
a floor for military technicians in the Army and Air Force
Reserve and National Guard at the House level.
The conferees recognize the critical importance of
military technicians to reserve component readiness, and direct
the use of end-strength floors to manage this special category
of personnel. The conferees urge the Secretary of Defense and
the Secretaries of the military departments to provide the
requisite funding to ensure that the correct number of
qualified military technicians are available to ensure a
significant contribution to operational readiness.
Revisions to Army Guard combat reform initiative to include Army
reserve under certain provisions and to make certain revisions
(sec. 514)
The House bill contained a provision (sec. 513) that
would change the requirement of section 1111 of the Army
National Guard Combat Readiness Reform Act of 1992 (title XI,
Public Law 102-484). As revised, the section would require the
Army to annually provide at least 150 officers and 1,000
soldiers, with at least two years prior active duty experience,
to national guard units.
This section would also expand the Army selected reserve
requirements of sections 1112(b), 1113, 1115, 1116, and 1120 of
the Army National Guard Combat Readiness Reform Act of 1992
(title XI, Public Law 102-484).
The Senate amendment contained no similar provision.
The Senate recedes.
Active duty associate unit responsibility (sec. 515)
The House bill contained a provision (sec. 519) that
would amend section 1131 of the Army National Guard Combat
Readiness Reform Act of 1992 (title XI, Public Law 102-484). As
revised, the provision would require that each Army National
Guard brigade and Army Selected Reserve unit, considered
essential for execution of the national strategy, be associated
with an active duty unit.
The Senate amendment contained no similar provision.
The Senate recedes.
Leave for members of reserve components performing public safety duty
(sec. 516)
The Senate amendment contained a provision (sec. 513)
that would amend section 6323(b) of title 5, United States
Code, that would permit employees who elect, when performing
public safety duty, to use either military leave, annual leave,
or compensatory time, to which they are otherwise entitled.
The House bill contained no similar provision.
The House recedes.
Department of Defense funding for National Guard participation in joint
disaster and emergency assistance exercises (sec. 517)
The Senate amendment contained a provision (sec. 361)
that would provide funding authority for National Guard units
to participate in joint exercises to prepare them to respond to
civil emergencies or disasters.
The House bill contained no similar provision.
The House recedes.
Subtitle C--Decorations and Awards
Award of Purple Heart to persons wounded while held as prisoners of war
before April 25, 1962 (sec. 521)
The Senate amendment contained a provision (sec. 541)
that would authorize award of the Purple Heart to prisoners of
war captured before April 1962 who were injured or wounded in
conjunction with their capture or imprisonment.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Authority to award decorations recognized acts of valor performed in
combat during the Vietnam conflict (sec. 522)
The Senate amendment contained a provision (sec. 542)
that would authorize the Secretary of Defense or the
secretaries of the military departments to award a decoration
for an act, achievement, or service performed during the
Vietnam era for which there was no award provided. The
provision would establish a one-year period in which award
recommendations could be submitted for consideration and
existing award review procedures would be used. At the end of
one year, the Secretary would be required to report to the
Congress on the results on this review.
The House bill contained no similar provision.
The House recedes with an amendment to limit
consideration of decorations for acts of valor.
Military intelligence personnel prevented by secrecy from being
considered for decorations and awards (sec. 523)
The Senate amendment contained a provision (sec. 543)
that would require the secretaries of the military departments,
upon application, to review the records of personnel who
performed military intelligence duties during the Cold War
period.
The House bill contained no similar provision.
The House recedes.
The conferees expect the secretaries of the military
departments to take reasonable actions to widely publicize the
opportunity to submit requests for consideration of awards and
decorations under this provision.
Review regarding upgrading of Distinguished Service Crosses and Navy
Crosses awarded to Asian Americans and Native American Pacific
Islanders for World War II Service (sec. 524)
The Senate amendment contained a provision (sec. 544)
that would require the Secretary of Defense to review that
records of Asian Americans who received the Distinguished
Service Cross during World War II to determine if, except for
racial prejudice, the act(s) would have merited award of the
Medal of Honor.
The House bill contained no similar provision.
The House recedes with an amendment which would make all
the services subject to the application of the provision.
Eligibility for Armed Forces Expeditionary Medal based upon service in
El Salvador (sec. 525)
The House bill contained a provision (sec. 559) that
would designate the country of El Salvador, during the period
beginning on January 1, 1981, and ending on February 1, 1992,
as an area and a period of time in which members of the Armed
forces participated in operations in significant numbers and
otherwise met the general requirements for award of the Armed
Forces Expeditionary Medal.
The Senate amendment contained no similar provision.
The Senate recedes.
Procedure for consideration of military decorations not previously
submitted in timely fashion (sec. 526)
The conference agreement includes a provision that would
establish procedures under which Members of Congress can
forward to the secretary of a military department a
recommendation for a military award or decoration, including an
upgrade of a previously approved award or decoration, for
consideration by the Secretary, without regard to time limits
established in law or policy. The secretary concerned will make
a recommendation concerning the merits of the request to the
Senate Committee on Armed Services and the House Committee on
National Security.
In accordance with established standards, the conferees
believe that the burden and costs for researching and
assembling documentation to support approval of requested
awards and decorations should rest with the requestor and
should not cause an undue administrative burden within the
Legislative or Executive Branch.
The conferees note that the Department of Defense has
traditionally avoided consideration of requests for review of
military awards on the merits by citing the expiration of
various time limits. The conferees, in general, do not support
the provision of military awards or decorations through private
relief bills. The conferees intend that the secretaries'
recommendations would be the basis for consideration of a
waiver of time limits, if appropriate.
Subtitle D--Officer Education Programs
Revision of service obligation for graduates of the services academies
(sec. 531)
The Senate amendment contained a provision (sec. 502)
that would reduce the service obligation for graduates of the
service academies from six years to five years.
The House bill contained no similar provision.
The House recedes.
Nomination to service academies from Commonwealth of the Northern
Marianas Islands (sec. 532)
The House bill contained a provision (sec. 564) that
would authorize the Resident Representative of the Commonwealth
of the Northern Marianas Islands to nominate one cadet for
attendance at each of the service academies.
The Senate amendment contained no similar provision.
The Senate recedes.
Repeal of requirement for athletic director and nonappropriated fund
account for the athletics programs at the service academies
(sec. 533)
The Senate amendment contained a provision (sec. 557)
that would repeal sections 4357 and 9356 of title 10, United
States Code, and subsections (b), (d), and (e) of sections 556
of the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337).
The House bill contained a similar provision (sec.
1032r).
The conference report includes this provision.
Repeal of requirement for program to test privatization of service
academy preparatory schools (sec. 534)
The Senate amendment contained a provision (sec. 558)
that would terminate any test program for determining the cost
effectiveness of transferring, in whole or in part, the mission
of the military academy preparatory schools to the private
sector.
The House bill contained no similar provision.
The House recedes with a technical amendment.
ROTC access to campuses (sec. 541)
The House bill contained a provision (sec. 1034) that
would deny Department of Defense grants and contracts to any
institution that has an anti-ROTC policy, as determined by the
Secretary of Defense.
The Senate amendment contained no similar provision.
The Senate recedes.
ROTC scholarships for the National Guard (sec. 542)
The House bill contained a provision (sec. 514) that
would authorize the Secretary of the Army, with the agreement
of the ROTC cadet involved, to redesignate ongoing scholarships
as scholarships leading toward service in the Army National
Guard and to make other technical changes.
The Senate amendment contained no similar provision.
The Senate recedes.
Delay in reorganization of Army ROTC regional headquarters structure
(sec. 543)
The House bill contained a provision (sec. 518) that
would delay the closure of an Army ROTC regional headquarters
until the Secretary of the Army determines whether such closure
is in the best interests of the Army.
The Senate amendment contained a similar provision (sec.
560).
The conference agreement includes this provision.
Duration of field training or practice cruise required under the Senior
ROTC program (sec. 544)
The Senate amendment contained a provision (sec. 554)
that would permit the secretary of a military department to
prescribe the length of the field training portion or practice
cruise that must be completed for enrollment in the Reserve
Officers' Training Corps Advance Course by persons who have not
participated in the first two years of Reserve Officers'
Training Corps.
The House bill contained no similar provision.
The House recedes.
Active duty officers detailed to ROTC duty at senior military colleges
to serve as commandant and assistant commandant of cadets and
as tactical officers (sec. 545)
The House bill contained a provision (sec. 516) that
would require that, upon the request of any of the six senior
military colleges, the Secretary of Defense shall detail active
duty officers to serve as the commandant or assistant
commandant of cadets, and as tactical officers at the
institution.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would provide
the Secretary discretion in responding to a request from a
senior military college.
The conferees expect that the service secretaries will
respond positively to any request, from a senior military
college, to provide an officer to serve as the commandant or
assistant commandant, or as a tactical officer.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
Report concerning appropriate forum for judicial review of Department
of Defense personnel actions (sec. 551)
The Senate amendment contained a provision (sec. 559)
that would establish a panel to examine whether the existing
practices with regard to judicial review of DOD administrative
personnel actions are appropriate and adequate, whether a
centralized judicial review of administrative personnel actions
should be established, and whether the United States Court of
Appeals for the Armed Forces should conduct such reviews. This
approach has been recommended by the American Bar Association.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the panel to examine whether a single federal court should
conduct such reviews, and, if so, which federal court should be
assigned that responsibility. The amendment would provide the
Secretary of Defense with the responsibility to establish the
panel. The conference agreement required that the Secretary
consult with the Attorney General and the Chief Justice of the
United States concerning appointments to the panel. The
conferees also required that the Secretary consult with the
Attorney General prior to sending the report to Congress.
Comptroller General review of proposed Army end strength allocations
(sec. 552)
The House bill contained a provision (sec. 523) that
would require the Comptroller General of the United States to
determine the extent to which the Army is able to fully man the
combat and support forces required to carry out the national
security strategy and operations other than war for fiscal
years 1996 through 2001.
The Senate amendment contained no similar provision.
The Senate recedes.
Report on manning status of highly deployable support units (sec. 553)
The House bill contained a provision (sec. 524) that
would direct each of the secretaries of the military
departments to conduct a study to determine whether high-
priority support units, that would deploy early in a crisis,
are, as a matter of policy, manned at less than 100 percent of
authorized strengths. The provision would further require the
secretaries of the military departments to report the findings
of their studies not later than September 30, 1996.
The Senate amendment contained no similar provision.
The Senate recedes.
Review of system for correction of military records (sec. 554)
The Senate amendment contained a provision (sec. 555)
that would require the secretaries of the military departments
to review the composition of the Boards for the Correction of
Military Records and the procedures used by those boards. The
provision would require the submission of a report to the
appropriate committees of the Senate and the House of
Representatives by April 1, 1996.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees are concerned that the Boards for the
Correction of Military Records are perceived to be
unresponsive, bureaucratic extensions of the uniformed
services.
Report on the consistency of reporting of fingerprint cards and final
disposition forms to the Federal Bureau of Investigation (sec.
555)
The House bill contained a provision (sec. 565) that
would require the Secretary of Defense to submit a report on
the consistency with which fingerprint cards and final
disposition forms are reported by the Defense Criminal
Investigation Organizations to the Federal Bureau of
Investigation.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Subtitle F--Other Matters
Equalization of accrual of service credit for officers and enlisted
members (sec. 561)
The House bill contained a provision (sec. 551) that
would make the criteria for accrual of service credit for
officers consistent with the criteria established for enlisted
members.
The Senate amendment contained a similar provision (sec.
552).
The conference agreement includes this provision.
Army ranger training (sec. 562)
The House bill contained a provision (sec. 557) that
would establish a baseline number of officers and enlisted
personnel that would have to be assigned to the Army Ranger
Training Brigade and would give the Secretary of the Army one
year to achieve that level. This provision would also require
that training safety cells be established in each of the three
major phases of the Ranger training course.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment which would require
the Ranger Training Brigade to be manned at 90 percent of the
requirements for two years, at which time the statutory
requirement would expire. The amendment would also require the
Comptroller General to assess the effectiveness of corrective
actions taken by the Army as a result of the February 1995
accident at the Florida Ranger Training Camp. The amendment
also expresses the sense of the Congress that the Secretary of
Defense review and enhance, if necessary, oversight of all
high-risk training and consider establishment of safety cells
similar to those prescribed in the Ranger Training Brigade.
The conferees direct the secretary of defense to
undertake a comprehensive analysis of high-risk training
activities, to include, but not limited to the following: Army-
Ranger; Navy SEAL; Navy and Air Force Survival, Evasion,
Resistance, and Escape; and Airborne training. The study should
identify key contributing factors prejudicial to personnel
safety. This study shall include sensitivity analysis for each
high-risk training program, with particular emphasis on
officer-enlisted ratios and instructor-student ratios. The
conferees direct the Secretary to submit the study results to
the Senate Committee on Armed Services and the House Committee
on National Security not later than December 31, 1996.
Separation in cases involving extended confinement (sec. 563)
The Senate amendment contained a provision (sec. 553)
that would authorize the administrative separation of a service
member who is sentenced by court-martial to a period of
confinement for one year or more.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
such a separation if the member has been sentenced to a period
of confinement for more than six months.
Limitations on reductions in medical personnel (sec. 564)
The Senate amendment contained a provision (sec. 556)
that would amend section 711 of the National Defense
Authorization Act for Fiscal Year 1991, section 718 of the
National Defense Authorization Act for Fiscal Years 1992 and
1993, and section 518 of the National Defense Authorization Act
for Fiscal Year 1993 to modify the limitations on reductions in
medical personnel.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Sense of Congress concerning personnel tempo rates (sec. 565)
The House bill contained a provision (sec. 525) that
would express the sense of Congress that the Secretary of
Defense should continue to improve the Department's personnel
tempo management techniques so that all personnel can expect a
reasonable personnel tempo rate.
The Senate amendment contained no similar provision.
The Senate recedes.
Separation benefits during force reduction for officers of the
commissioned corps of National Oceanic and Atmospheric
Administration (sec. 566)
The House bill contained a provision (sec. 566) that
would, at the discretion of the Secretary of Commerce,
authorize for officers of the Commissioned Corps of the
National Oceanic and Atmospheric Administration, the separation
benefits available to the other uniformed services.
The Senate amendment contained no similar provision.
The Senate recedes.
Discharge of members of the armed forces who have the HIV-1 virus (sec.
567)
The House bill contained a provision (sec. 561) that
would require the Secretary of Defense to separate or retire
service members who are identified as HIV-positive.
The Senate amendment contained no similar provision
The Senate recedes with an amendment that would provide
the discharged member with an entitlement to medical and dental
care within the Military Health Care System, to the same extent
and under the same conditions as a military retiree.
Revision and codification of Military Family Act and Military Child
Care Act (sec. 568)
The House bill contained a provision (sec. 560) that
would codify in title 10, United States Code, updated
provisions of The Military Family Act of 1985 (title VII,
Public Law 99-145), and The Military Child Care Act of 1989
(title XV, Public Law 101-189), which were instrumental in
focusing Department of Defense attention on the needs of
military families and on the importance of effective child care
programs.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would eliminate
a reporting requirement.
Determination of whereabouts and status of missing persons (sec. 569)
The House bill contained a provision (sec. 563) that
would require the Secretary of Defense to centralize at the
Department of Defense level, the oversight and policy
responsibility for accounting for missing persons.
The Senate amendment contained a similar provision (sec.
551).
The Senate recedes with an amendment that would clarify
and integrate the two provisions.
The conferees' intention in requiring the creation of the
Office for Missing Persons (section 1501) is that this office
will have a broad range of responsibilities that include those
of all the individual offices that currently have
responsibilities for POW/MIA matters.
The conferees expect that the Secretary of Defense will
organize this new office to serve as the single focal point in
the Department of Defense for POW/MIA matters and consolidate
the formulation and oversight of search, rescue, escape and
evasion and accountability policies. The conferees further
expect that the Secretary of Defense will make every effort to
ensure a close working relationship with the national
intelligence agencies.
In relation to the Special Rule for Persons Classified as
KIA/BNR, the conferees believe that the evidence referred to in
section 1509(c) should be compelling evidence, such as post-
incident letters written by the supposedly-dead person while in
captivity or United States or other archival evidence that
directly contradicts earlier United States Government
determinations.
Associate Director of Central Intelligence for Military Support (sec.
570)
The Senate amendment contained a provision (sec. 1096)
that would exempt the position of Associate Director of Central
Intelligence for Military Support from counting against the
numbers and percentages of officers authorized to be serving in
the rank and grade of such officer for the armed force of which
such officer is a member when neither the Director for Central
Intelligence or the Deputy Director for Central Intelligence is
a military officer.
The House bill contained no similar provision.
The House recedes.
Subtitle G--Support for Non-Department of Defense Activities
Repeal and revision of certain Civil-Military Programs (secs. 571, 572,
573 and 574)
The House bill contained a provision (sec. 558) that
would repeal the authority for three programs established by
the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484): the Civil-Military Cooperative Action
Program; the National Guard Youth Opportunities Program; and
the Pilot Outreach Program to Reduce the Demand for Illegal
Drugs. Additionally, this provision would preclude Department
of Defense support to the Civilian Conservation Corps.
The Senate amendment contained several provisions that
would address Civil-Military Programs as follows: (1) prohibit
the use of funds for the Office of Civil-Military Programs
within the Office of the Assistant Secretary of Defense for
Reserve Affairs (sec. 362); (2) revise section 410 of title 10,
United States Code, the Civil-Military Cooperative Action
Program (sec. 363); (3) extend the authorization for the
National Guard Youth Opportunities Program through Fiscal Year
1997 (sec. 1083); and (4) extend the duration of the Pilot
Outreach Program to Reduce the Demand for Illegal Drugs for two
additional years (sec. 1099A).
The conference agreement includes several provisions
(secs. 571, 572, 573, and 574) that would: (1) replace section
410 of title 10, United States Code, with a new section, that
would authorize support and services for certain eligible
organizations and activities outside of the Department of
Defense (sec. 2012); (2) prohibit the use of funds for the
Office of Civil-Military Programs within the Office of the
Assistant Secretary of Defense for Reserve Affairs or for any
other entity within the Office of the Secretary of Defense that
has an exclusive or principal mission of providing centralized
direction for activities under section 572 of this Act; (3)
extend that authorization for the National Guard Youth
Opportunities Program for 18 months from enactment and limit
the number of programs to the number in effect on September 30,
1995. The Conference Agreement did not extend the duration of
the Pilot Outreach Program to Reduce Demand for Illegal Drugs.
Regarding the repeal of specific authority for the Civil-
Military Cooperative Program and the absence of an extension of
the Pilot Outreach Program to Reduce the Demand for Illegal
Drugs, the conferees note that the Young Marines, the Seaborne
Conservation Corps, and other programs operated under
Department of Defense and service policy prior to the October
1992 enactment of the statutory authorities for the various
civil-military programs. The conferees expect that the Young
Marines, the Seaborne Conservation Corps and other similar
programs should be able to continue operations in accordance
with the pre-October 1992 authorities.
The conferees intend that the 18-month extension of the
National Guard Youth Opportunities Program would permit these
programs to develop non-Department of Defense sources of
funding in order to continue operation after the authority in
this extension expires.
Regarding support and services for eligible organizations
and activities outside of the Department of Defense, the
conferees intend that the ``customary community relations and
public affairs activities'', referred to in section 572(b)(1),
provide for the use of Department of Defense resources to
support public events, including such activities as the honor
guards, static displays of equipment, bands, and
demonstrations, and rely heavily on volunteer support.
Department of Defense resources should be considered available
for community relations support only after all military needs
have been met. Additionally, the conferees expect that,
concerning the exception to the relationship to military
training, referred to in section 572(d)(2), most manpower
requests for assistance under this exception will be met by
volunteers, and that any assistance other than manpower will be
extremely limited. With respect to such exception, Government
vehicles may be used, but only to provide transportation of
military manpower to and from the work site. The use of
government aircraft in assistance under this exception is
prohibited.
legislative provisions not adopted
Report on feasibility of providing education benefits protection
insurance for service academy and ROTC scholarship students who
become medically unable to serve
The House bill contained a provision (sec. 515) that
would require the Secretary of Defense to conduct a study on
the need and feasibility of establishing a no cost to the
government disability insurance plan for service academy and
Reserve Officers' Training Corps scholarship students.
The Senate amendment contained no similar provision.
The House recedes.
The conferees believe that private insurance companies
could provide the needed coverage without requiring further
study by the Secretary of Defense. Accordingly, the conferees
direct the Secretary to cooperate with private insurers and to
make insurance information available to students in a manner
that the Secretary determines to be essentially consistent with
the way private insurance information is handled elsewhere
within the Department of Defense.
Authority to appoint Brigadier General Charles E. Yeager, United States
Air Force (retired) to the grade of major general on the
retired list
The House bill contained a provision (sec. 562) that
would authorize the President to advance Brigadier General
Charles E. Yeager (retired) to the grade of major general on
the retired list.
The Senate amendment contained no similar provision.
The House recedes.
Title VI--Compensation and Other Personnel Benefits
legislative provisions
legislative provisions adopted
Subtitle A--Pay and Allowances
Military pay raise for fiscal year 1996 (sec. 601)
The House bill contained a provision (sec. 601) that
would provide a 2.4 percent military pay raise for all the
uniformed services, except the National Oceanic and Atmospheric
Administration. Additionally, the provision would increase by
5.2 percent the rates of the basic allowance for quarters for
members of the uniformed services. These increases would be
effective January 1, 1996.
The Senate amendment contained a similar provision that
would apply to all uniformed services (sec. 601).
The House recedes.
Limitation on basic allowance for subsistence for members residing
without dependents in government quarters (sec. 602)
The House bill contained a provision (sec. 602) that
would require the secretaries of the military departments to
allow no more than 12 percent of the service members without
dependents who reside in government quarters to receive basic
allowance for subsistence (BAS). The provision would also
require the Secretary of Defense to submit a report to confirm
the current number of service members in this category and to
establish a standard for the appropriate percentage of
personnel who are eligible to receive BAS.
The Senate amendment contained no similar provision.
The Senate recedes.
Election of basic allowance for quarters instead of assignment to
inadequate quarters (sec. 603)
The Senate amendment contained a provision (sec. 602)
that would authorize payment of the basic allowance for
quarters (BAQ) and variable housing allowance (VHA) (and
overseas housing allowance (OHA) if assigned overseas) to
single members in the paygrade E-6 and above who have been
assigned to quarters that do not meet minimum adequacy
standards established by the Department of Defense.
The House bill contained no similar provision.
The House recedes.
Payment of basic allowance for quarters to members in pay grade E-6 who
are assigned to sea duty (sec. 604)
The House bill contained a provision (sec. 603) that
would authorize payment of basic allowance for quarters and
variable housing allowance to single E-6 personnel assigned to
shipboard sea duty.
The Senate amendment contained a similar provision (sec.
603).
The conference agreement includes this provision.
Limitation on reduction of variable housing allowance for certain
members (sec. 605)
The House bill contained a provision (sec. 604) that
would authorize the Secretary of Defense to establish a minimum
amount of variable housing allowance (VHA) to meet the cost of
adequate housing in high cost areas. The provision would also
prevent the reduction of the amount of VHA paid to an
individual, as long as the member retains uninterrupted
eligibility to receive VHA in the housing area and the member's
housing costs are not reduced.
The Senate amendment contained a provision (sec. 604)
that would prevent reduction of the amount of variable housing
allowance (VHA) paid to an individual, as long as the service
member retains uninterrupted eligibility to receive VHA in the
housing area and the service member's housing costs are not
reduced.
The House recedes with a technical amendment.
The conferees believe that, if the current mechanism for
determining VHA rates is inadequate, the Secretary of Defense
should notify the Committee on Armed Services of the Senate and
the Committee on National Security of the House. Such
notification should include a recommended solution and all
appropriate justification.
Clarification of limitation on eligibility for Family Separation
Allowance (sec. 606)
The House bill contained a provision (sec. 605) that
would authorize the payment of family separation allowance to
service members on board a ship that is away from homeport,
even though the service member elected to remain unaccompanied
by dependents at the permanent duty station.
The Senate amendment contained a similar provision (sec.
605) that also authorized payment of family separation
allowance when members are on temporary duty away from
permanent duty station.
The House recedes.
Subtitle B--Bonuses and Special and Incentive Pays
Extension of certain bonuses for reserve forces (sec. 611)
The House bill contained a provision (sec. 611) that
would extend until September 30, 1998 the authority for the
selected reserve reenlistment bonus, the selected reserve
enlistment bonus, the selected reserve affiliation bonus, the
ready reserve enlistment and reenlistment bonus, and the prior
service enlistment bonus.
The Senate amendment contained a similar provision (sec.
611) that would provide for extensions to September 30, 1997.
The House recedes.
Extension of certain bonuses and special pay for nurse officer
candidates, registered nurses, and nurse anesthetists (sec.
612)
The House bill contained a provision (sec. 612) that
would extend until September 30, 1998 the authority for the
nurse officer candidate accession program, the accession bonus
for registered nurses, and the incentive special pay for nurse
anesthetists.
The Senate amendment contained a similar provision (sec.
612) that would provide for extensions to September 30, 1997.
The House recedes.
Extension of authority relating to payment of other bonuses and special
pays (sec. 613)
The House bill contained a provision (sec. 613) that
would extend until September 30, 1998 the authority for the
aviation officer retention bonus, the reenlistment bonus for
active members, enlistment bonuses for critical skills, special
pay for enlisted members of the selected reserve assigned to
certain high-priority units, special pay for nuclear-qualified
officers extending the period of active service, and the
nuclear career accession bonus. The provision would also extend
the authority for repayment of education loans for certain
health professionals who serve in the selected reserve and the
nuclear career annual incentive bonus to October 1, 1998.
The Senate amendment contained a similar provision (sec.
613) that would provide for extensions to September 30 and
October 1, 1997.
The House recedes with a clarifying amendment.
Codification and extension of special pay for critically short wartime
health specialists in the selected reserves (sec. 614)
The House bill contained a provision (sec. 614) that
would amend title 37, United States Code, to include
authorization of special pay for critically short wartime
health specialists in the selected reserves and extend the
authority for the special pay to September 30, 1998.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to limit the
extension of authority to September 30, 1997.
Hazardous duty incentive pay for warrant officers and enlisted members
serving as air weapons controllers (sec. 615)
The Senate amendment contained a provision (sec. 614)
that would authorize special hazardous duty incentive pay for
enlisted members serving as air weapons controllers aboard
airborne warning and control systems.
The House bill contained no similar provision.
The House recedes.
Aviation career incentive pay (sec. 616)
The House bill contained a provision (sec. 615) that
would reduce the initial operational flying requirement for
Aviation Career Incentive Pay from 9 of the first 12 years to 8
of the first 12 years of aviation service.
The Senate amendment contained a similar provision (sec.
615) that would also restrict to the service secretary the
authority to grant waivers of the number of years.
The House recedes.
Clarification of authority to provide special pay for nurses (sec. 617)
The Senate amendment contained a provision (sec. 616)
that would add military nurses to the list of health care
professionals who are eligible to receive a special pay for
being board certified in their specialty.
The House bill contained no similar provision.
The House recedes.
Continuous entitlement to career sea pay for crew members of ships
designated as tenders (sec. 618)
The House bill contained a provision (sec. 616) that
would authorize personnel assigned to tenders to receive career
sea pay.
The Senate amendment contained a similar provision (sec.
617).
The conference agreement includes this provision.
Increase in maximum rate of special duty assignment pay for enlisted
members serving as recruiters (sec. 619)
The House bill contained a provision (sec. 617) that
would authorize payment of a maximum monthly rate of $375 of
additional special duty assignment pay to recruiters.
The Senate amendment contained an identical provision
(sec. 618).
The conference agreement includes this provision.
Subtitle C--Travel and Transportation Allowances
Repeal of requirement regarding calculation of allowances on basis of
mileage tables (sec. 621)
The Senate amendment contained a provision (sec. 621)
that would amend section 104(d)(1)(A) of title 37, United
States Code, to repeal the requirement that travel mileage
tables be prepared under the direction of the Secretary of
Defense.
The House bill contained no similar provision.
The House recedes.
Departure allowances (sec. 622)
The Senate amendment contained a provision (sec. 622)
that would equalize evacuation allowances to ensure equitable
treatment of military dependents, civilians and their
dependents, when officially authorized or ordered to evacuate
an overseas area.
The House bill contained no similar provision.
The House recedes.
Transportation of nondependent child from member's station overseas
after loss of dependent status while overseas (sec. 623)
The House bill contained a provision (sec. 621) that
would authorize dependent children, who lose eligibility as
dependents for any reason while overseas, to return to the
United States one time at government expense prior to the
sponsor receiving permanent-change-of-station orders.
The Senate amendment contained a similar provision (sec.
624).
The conference agreement includes this provision.
Authorization of dislocation allowance for moves in connection with
base realignments and closures (sec. 624)
The House bill contained a provision (sec. 622) that
would authorize the payment of dislocation allowance for
service members directed to move as a result of the closure or
realignment of an installation.
The Senate amendment contained a similar provision (sec.
623).
The conference agreement includes this provision.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Effective date for military retiree cost-of-living adjustments for
fiscal years 1996, 1997 and 1998 (sec. 631)
The House bill contained a provision (sec. 633) that
would conform the military retired pay cost-of-living
adjustment (COLA) payment date with the payment date
established for Federal civilian retirees by making the
military retired pay COLA first payable during March 1996,
rather than September 1996.
The Senate amendment contained a provision (sec. 641)
that would provide that the 1996 military retired pay cost-of-
living adjustment be effective the first day of March 1996. In
subsequent years, the cost-of-living adjustment would be
effective the first day of December of each year.
The House recedes with an amendment that would provide
that the military retired pay COLAs for fiscal years 1996 and
1997 be effective the first day of March, 1996, and the first
day of December, 1996, respectively. The provision would also
require that the effective date for COLAs during fiscal year
1998 conform to the date prescribed for Federal civilian
retirees.
The conferees acknowledge that restoring equity to the
payment of COLAs to military retirees has been a priority
concern since passage of the Omnibus Budget Reconciliation Act
of 1993 which caused military retirees to receive their COLAs
later than their civilian counterparts. The solution specified
in this provision is a welcome end to the inequity between the
two groups of retirees.
Denial of non-regular service retired pay for reserves receiving
certain court-martial sentences (sec. 632)
The Senate amendment contained a provision (sec. 642)
that would authorize the Secretaries of the military
departments to deny retired pay to non-regular service members
who are convicted of an offense under the Uniform Code of
Military Justice and whose sentence includes death, a
dishonorable discharge, a bad conduct discharge, or dismissal.
The provision would treat both regular and non-regular service
members equitably.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Report on payment of annuities for certain military surviving spouses
(sec. 633)
The Senate amendment contained a provision (sec. 648)
that would require the Secretary of Defense to determine the
number of surviving spouses of retired careerists who died
before March 21, 1974 and retired pay eligible reserve retirees
under age 60 who died before September 30, 1978, and report to
the Senate Committee on Armed Services and the House Committee
on National Security. These groups of surviving spouses have
become known as ``Forgotten Widows'' since they were widowed
before provisions of the Survivor Benefit Plan were applicable
to them.
The House bill contained no similar provision.
The House recedes.
Payment of back quarters and subsistence allowances to World War II
veterans who served as guerrilla fighters in the Philippines
(sec. 634)
The conference agreement includes a provision that would
require the service secretaries, on request, to pay the
quarters and subsistence allowance that was not paid to certain
guerrilla fighters in the Philippines during World War II.
Authority for relief from previous overpayments under minimum income
widows program (sec. 635)
The conference agreement includes a provision that would
permit the Secretary of Defense to waive the recovery of any
overpayment made before enactment of the conference report and
that is attributable to a failure by the Department of Defense
to apply eligibility requirements correctly.
The conferees expect the Secretary of Defense to direct
the Defense Finance and Accounting Service to stop sending
collection letters to widows expected to be covered under this
provision.
Transitional compensation for dependents of members of the armed forces
separated for dependent abuse (sec. 636)
The House bill contained a provision (sec. 556) that
would require the Secretary of Defense to retroactively provide
compensation to certain eligible dependents inadvertently
excluded from the program.
The Senate amendment contained a provision (sec. 649)
that would amend section 1059(d) of title 10, United States
Code, to include transitional compensation for dependents whose
sponsor forfeited all pay and allowances, but was not separated
from the service.
The Senate recedes with a clarifying amendment.
Subtitle E--Other Matters
Payment to survivors of deceased members for all leave accrued (sec.
641)
The Senate amendment contained a provision (sec. 647)
that would permit survivors of deceased members of the
uniformed services to be paid for all leave accrued. This
provision will enable survivors to be paid for leave accrued
above the 60 day limit.
The House bill contained no similar provision.
The House recedes.
Repeal of reporting requirements regarding compensation matters (sec.
642)
The House bill contained a provision (sec. 631) that
would eliminate a report on dependents accompanying members on
assignments to overseas locations and simplify the requirement
for the President to submit to the Congress recommendations on
military pay matters.
The Senate amendment contained a similar provision (sec.
1072(d)).
The Senate recedes with an amendment that would combine
the two provisions.
Recoupment of administrative expenses in garnishment actions (sec. 643)
The Senate amendment contained a provision (sec. 643)
that would amend section 5502 of title 5, United States Code,
to shift the burden for payment of administrative costs,
incurred incident to garnishment actions, from the employee to
the creditor.
The House bill contained no similar provision.
The House recedes.
Report on extending to junior noncommissioned officers privileges
provided for senior noncommissioned officers (sec. 644)
The Senate amendment contained a provision (sec. 646)
that would require the Secretary of Defense to study and report
to the Congress on methods of improving the working conditions
of noncommissioned officers in pay grades E-5 and E-6. This
report, and the accompanying legislative recommendations,
should provide the committee a road map to continue quality of
life improvements.
The House bill contained no similar provision.
The House recedes.
Study regarding joint process for determining location of recruiting
stations (sec. 645)
The House bill contained a provision (sec. 632) that
would require the Secretary of Defense to conduct a study of
the process for determining the location and manning of
recruiting stations. The study would be based on market
research and analysis conducted jointly by the military
departments.
The Senate amendment contained no similar provision.
The Senate recedes.
Automatic maximum coverage under Servicemen's Group Life Insurance
(sec. 646)
The Senate amendment contained a provision (sec. 644)
that would automatically enroll service members at the maximum
insurance level of $200,000, instead of the $100,000 level
currently in law.
The House bill contained no similar provision.
The House recedes with an amendment that would delay
implementation until April 1, 1996.
Termination of servicemen's group life insurance for members of the
Ready Reserve who fail to pay premiums (sec. 647)
The Senate amendment contained a provision (sec. 645)
that would authorize the Secretary of Defense to terminate
coverage under the Servicemen's Group Life Insurance for
members of the ready reserve who fail to make premium payments
for 120 days.
The House bill contained no similar provision.
The House recedes with an amendment that would delay
implementation until April 1, 1996.
legislative provisions not adopted
Repeal of prohibition on payment of lodging expenses when adequate
Government quarters are available
The House bill contained a provision (sec. 623) that
would repeal the prohibition on payment of lodging expenses
when adequate government quarters are available.
The Senate amendment contained no similar provision.
The House recedes.
Title VII--Health Care Provisions
items of special interest
Follow-on medical care for certain members of former members of the
Armed Forces and their dependents
The conferees note that some service members, as a result
of receiving transfusions at military hospitals were placed at
risk of contracting a serious communicable disease and
subsequently transmitting it to their dependents.
The case of Douglas Simon of Eden Prairie, Minnesota, and
his family, is an example of the very tragic situation that can
arise following a transfusion of contaminated blood. In 1983,
while serving in the Army National Guard, Mr. Simon was
infected with the AIDS virus after undergoing a blood
transfusion at Fort Benning, Georgia. Subsequently, he
unknowingly transmitted the virus to his spouse, Nancy, who in
turn, transmitted the virus to their daughter Candace. Candace
became ill and died of AIDS in 1993 at the age of five. Both
Mr. and Mrs. Simon are now in the terminal stages of AIDS and
their two remaining children Brian, 11, and Eric, 9, will be
orphaned. To date, the Department of Defense has not accepted
any financial responsibility for the treatment of Mr. or Mrs.
Simon, or the future of the two children. The conferees direct
the Secretary of Defense to review the Department's role in
this case and to determine whether the Department of Defense
should provide fair compensation to these and other similarly
affected persons.
legislative provisions
Legislative provisions adopted
Subtitle A--Health Care Services
Modifications of requirements regarding routine physical examinations
and immunizations under CHAMPUS (sec. 701)
The House bill contained a provision (sec. 701) that
would amend section 1079(a) of title 10, United States Code, by
expanding ``well-baby visits'' and immunizations to dependents
under the age of six, by authorizing immunizations at age six
and above and by adding coverage of health promotion and
disease prevention visits associated with immunizations, pap
smears and mammograms.
The Senate amendment contained a similar provision (sec.
703).
The conference agreement includes this provision.
Correction of inequities in medical and dental care and death and
disability benefits for certain reservists (sec. 702)
The House bill contained a provision (sec. 702) that
would authorize reservists the same death and disability
benefits as active duty members, during off-duty periods
between successive inactive duty training periods performed at
locations outside the reasonable commuting distance from the
member's residence.
The Senate amendment contained no similar provision.
The Senate recedes.
Medical care for surviving dependents of retired Reserves who die
before age 60 (sec. 703)
The Senate amendment contained a provision (sec. 701)
that would permit survivors of ``gray area'' retirees, members
of the retired reserve who have not attained the age of 60
years, to receive medical care as if the sponsor had attained
60 years of age and was receiving retirement benefits.
The House bill contained no similar provision.
The House recedes.
Medical and dental care for members of the Selected Reserve assigned to
early deploying units of the Army Selected Reserve (sec. 704)
and dental insurance for members of the Selected Reserve (sec.
705)
The House bill contained a provision (sec. 703) that
would require the Secretary of the Army to provide medical and
dental screenings, physical exams for members over 40, and the
dental care required to meet dental readiness standards for
units scheduled for deployment within 75 days of mobilization.
The provision would also require the Secretary of Defense
to conduct a demonstration program to offer members of the
selected reserve dental readiness insurance on a voluntary
basis, at no cost to the Department of Defense.
The Senate amendment contained a provision (sec. 702)
that would require the Secretary of Defense to establish a
dental insurance plan for members of the selected reserve. The
provision would require a plan, similar to the active duty
dependent dental insurance plan, with voluntary enrollment and
premium sharing by the member.
The House recedes with two amendments. One requires the
Secretary of Defense to establish a dental insurance plan for
members of the selected reserve in fiscal year 1997. The
amendment also provides authority for the Secretary to conduct
the necessary surveys, preparation work, and a test of the plan
in fiscal year 1996. The other amendment requires the Secretary
of the Army to provide medical and dental care to members of
early deploying units of the selective reserve.
Permanent authority to carry out Specialized Treatment Facility Program
(sec. 706)
The Senate amendment contained a provision (sec. 704)
that would amend section 1105 of title 10, United States Code,
by repealing subsection (h), the sunset provision, to make the
Specialized Treatment Facility Program permanent.
The House bill contained no similar provision.
The House recedes.
Subtitle B--TRICARE Program
Definition of TRICARE Program (sec. 711)
The Senate amendment contained a provision (sec. 711)
that would define the TRICARE program and other terms of art in
the statute.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Priority use of military treatment facilities for persons enrolled in
managed care initiatives (sec. 712)
The House bill contained a provision (sec. 711) that
would amend title 10, United States Code, to require the
Secretary of Defense, as an incentive for enrollment, to
establish reasonable priorities for services provided at
military treatment facilities for TRICARE-enrolled
beneficiaries.
The Senate amendment contained no similar provision.
The Senate recedes.
Staggered payment of enrollment fees for TRICARE program (sec. 713)
The House bill contained a provision (sec. 712) that
would amend section 1097(e) of title 10, United States Code, to
require the Secretary of Defense to allow beneficiaries to pay
any required enrollment fees on a monthly or quarterly basis,
at no additional cost to the beneficiary.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment limiting the
payments to a quarterly basis.
The conferees direct the Secretary of Defense to
establish procedures for retired service members to pay
enrollment fees by allotment.
Requirement of budget neutrality for TRICARE program to be based on
entire program (sec. 714)
The House bill contained a provision (sec. 713) that
would clarify the requirement for the TRICARE HMO option to be
budget neutral by requiring that the combined effect of all
three TRICARE options be budget neutral.
The Senate amendment contained no similar provision.
The Senate recedes.
Training in health care management and administration for TRICARE lead
agents (sec. 715)
The House bill contained a provision (sec. 714) that
would direct the Secretary of Defense to ensure that military
medical treatment facility commanders, selected to serve as
lead agents for the Department's managed health-care program,
TRICARE, receive appropriate training in health-care management
and administration.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would add key
subordinates to the training requirement.
Pilot program of individualized residential mental health services
(sec. 716)
The House bill contained a provision (sec. 746) that
would direct the Secretary of Defense to study the feasibility
of expanding mental health services to include ``wraparound''
services, and to include the requirement that providers share
financial risk through case-rate reimbursement, and then to
report the results of the study to Congress by March 1, 1996.
The Senate amendment contained a provision (sec. 714)
that would direct the Secretary of Defense to implement a
program of residential treatment for seriously emotionally
disturbed and complex-needs adolescents. This treatment would
incorporate the concept of ``wraparound services'' in one
TRICARE region. The Secretary would be required to report on
the evaluation of this program not later than eighteen months
after the program is implemented.
The House recedes with a clarifying amendment.
Evaluation and report on TRICARE program effectiveness (sec. 717)
The House bill contained a provision (sec. 715) that
would require the Secretary of Defense to obtain an ongoing
independent evaluation of the TRICARE program and to provide an
annual report to Congress on the results of the evaluation. The
evaluation should report on efforts to make TRICARE Prime, the
HMO option, available in non-catchment and rural areas.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Sense of Congress regarding access to health care under TRICARE program
for covered beneficiaries who are Medicare eligible (sec. 718)
The Senate amendment contained a provision (sec. 713)
that would express the sense of the Senate that the Secretary
of Defense should develop a program to ensure that covered
beneficiaries who are eligible for Medicare and who reside in a
region in which TRICARE has been implemented have access to
health care services under TRICARE and that the Department of
Defense be reimbursed for those services.
The house bill contained no similar provision.
The House recedes with an amendment that makes the
provision a sense of Congress.
Subtitle C--Uniformed Services Treatment Facilities
Delay of termination of status of certain facilities as Uniformed
Services Treatment Facilities (sec. 721)
The Senate amendment contained a provision (sec. 721)
that would extend until September 30, 1997, the designation of
Uniformed Services Treatment Facilities (USTF) as military
treatment facilities (MTF).
The House bill amendment contained no similar provision.
The House recedes.
Limitation on expenditures to support Uniformed Services Treatment
Facilities (sec. 722)
The House bill contained a provision (sec. 721) that
would amend the National Defense Authorization Act for Fiscal
Year 1984 (Public Law 98-94) to limit the amount authorized to
$300.0 million for the Department of Defense Uniformed Services
Treatment Facilities (USTFs) managed care plan. This section
would limit beneficiary enrollment in the USTF program to the
number enrolled as of September 30, 1995.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would eliminate
the limit on the number of enrollees.
Application of CHAMPUS payment rules in certain cases (sec. 723)
The Senate amendment contained a provision (sec. 723)
that would amend section 1074 of title 10, United States Code,
to include the Uniformed Services Treatment Facilities (USTF)
in the authority under which a USTF could be reimbursed for
care provided to a Department of Defense eligible enrollee who
receives care out of the local area of the USTF in which they
are enrolled.
The House bill contained no similar provision.
The House recedes.
Application of federal acquisition regulation to participation
agreements with Uniformed Services Treatment Facilities (sec.
724)
The House bill contained a provision (sec. 722) that
would amend the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510) by repealing the Federal
Acquisition Regulation (FAR) exemption granted to the Uniformed
Services Treatment Facilities (USTFs).
The Senate amendment contained a similar provision (sec.
722).
The Senate recedes.
Development of plan for integrating Uniformed Services Treatment
Facilities in managed care programs of Department of Defense
(sec. 725)
The House bill contained a provision (sec. 723) that
would amend section 718(c) of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510) to
require the Secretary of Defense to submit to Congress a plan
under which the 10 Uniformed Services Treatment Facilities
(USTFs) would be integrated into the Department of Defense's
managed health-care program by September 30, 1997. In addition,
this section would require the Secretary to assess the
feasibility of implementing a modified version of USTF option
II.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Equitable implementation of uniform cost sharing requirements for
Uniformed Services Treatment Facilities (sec. 726)
The House bill contained a provision (sec. 724) that
would direct the Secretary of Defense to apply uniform cost
shares to each of the 10 Uniformed Services Treatment
Facilities (USTFs) only upon regional implementation of the
TRICARE managed health care program in the USTF's service area.
It would also direct the GAO to evaluate the effect of TRICARE
cost shares on USTFs.
The Senate amendment contained a provision (sec. 712)
that would require the Uniformed Services Treatment Facilities
to implement the TRICARE uniform benefit concurrent with the
implementation of TRICARE in that region. The recommended
provision would exempt a covered beneficiary who has been
continuously enrolled on and after January 1, 1995.
The Senate recedes.
Elimination of unnecessary annual reporting requirements regarding
Uniformed Services Treatment Facilities (sec. 727)
The House bill contained a provision (sec. 736) that
would eliminate unnecessary annual reporting requirements
regarding military health care.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Maximum allowable payments to individual health-care providers under
CHAMPUS (sec. 731)
The House bill contained a provision (sec. 731) that
would amend title 10, United States Code, to codify a provision
of the Department of Defense Appropriations Act for Fiscal Year
1995 (Public Law 103-335) that establishes a process for
gradually reducing CHAMPUS maximum payment amounts to those
limits for similar services under Medicare.
The Senate amendment contained a similar provision (sec.
732).
The conference agreement includes this provision.
Notification of certain CHAMPUS covered beneficiaries of loss of
CHAMPUS eligibility (sec. 732)
The House bill contained a provision (sec. 743) that
would direct the administering secretaries to develop a
mechanism for notifying beneficiaries of their ineligibility
for CHAMPUS health benefits when the loss of CHAMPUS
eligibility is due to disability status.
The Senate amendment contained no similar provision.
The Senate recedes.
Personal services contracts for medical treatment facilities of the
Coast Guard (sec. 733)
The Senate amendment contained a provision (sec. 733)
that would authorize the Secretary of Transportation to use the
personal services contract authority, currently available to
the Secretary of Defense, to contract for health care providers
in support of the Coast Guard.
The House bill contained no similar provision.
The House recedes.
Identification of third-party payer situations (sec. 734)
The House bill contained a provision (sec. 733) that
would authorize the Secretary of Defense to prescribe
regulations for the collection of information from covered
beneficiaries regarding insurance, medical service, or health
plans of third-party payers.
The Senate amendment contained no similar provision.
The Senate recedes.
Redesignation of Military Health Care Account as Defense Health Program
Account and two-year availability of certain account funds
(sec. 735)
The House bill contained a provision (sec. 734) that
would amend section 1100 of title 10, United States Code, to
allow the Secretary of Defense to carry over three percent of
the defense health plan annual operation and maintenance
appropriations to the end of the next fiscal year.
The Senate amendment contained a similar provision (sec.
731).
The conference agreement includes this provision.
Expansion of financial assistance program for health care professionals
in reserve components, to include dental specialties (sec. 736)
The House bill contained a provision (sec. 735) that
would authorize financial assistance for qualified dentists
engaged in training for a dental specialty which is critically
needed in wartime.
The Senate amendment contained a similar provision (sec.
512).
The conference agreement includes this provision.
Applicability of limitation on prices of pharmaceuticals procured for
Coast Guard (sec. 737)
The Senate amendment contained in provision (sec. 743)
that would include the Coast Guard in the pharmaceutical
purchase program administered by the Department of Veterans
Affairs.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Expansion of existing restriction on use of defense funds for abortions
(sec. 738)
The House bill contained a provision (sec. 732) that
would amend section 1093 of title 10, United States Code, to
restrict the Department of Defense (DOD) from using medical
treatment facilities or other DOD facilities, as well as DOD
funds, to perform abortions, unless necessary to save the life
of the mother.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would prohibit
the use of Department of Defense facilities to perform
abortions except in cases where the pregnancy is the result of
rape or incest or in cases when the life of the mother is
endangered. The amendment would retain the prohibition on the
use of Department of Defense funds for abortions except in
cases when the life of the mother in endangered.
Subtitle E--Other Matters
Tri-service nursing research (sec. 741)
The Senate amendment contained a provision (sec. 741)
that would authorize establishment of a tri-service research
program at the Uniformed Services University of the Health
Sciences.
The House bill contained no similar provision.
The House recedes.
Termination of program to train military psychologists to prescribe
psychotropic medications (sec. 742)
The House bill contained a provision (sec. 741) that
would direct the Department of Defense to terminate the pilot
demonstration program and to withdraw the authority to
prescribe psychotropic drugs from psychologists who
participated in the demonstration program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would prohibit
any new enrollments, permit current students to complete the
training, and require a General Accounting Office evaluation of
the program.
Waiver of collection of payments due from certain persons unaware of
loss of CHAMPUS eligibility (sec. 743)
The House bill contained a provision (sec. 742) that
would authorize the Secretaries of Defense, Transportation and
Health and Human Services to waive the collection of certain
payments described for beneficiaries of the Civilian Health and
Medical Program of the Uniformed Services (CHAMPUS). This
waiver would apply to CHAMPUS beneficiaries who lost their
CHAMPUS eligibility prior to Medicare entitlement because of a
disability or end-stage renal disease.
The Senate amendment contained no similar provision.
The Senate recedes.
Demonstration program to train military medical personnel in civilian
shock trauma units (sec. 744)
The House bill contained a provision (sec. 744) that
would require the Secretary of Defense to conduct a
demonstration program, through arrangements with civilian
hospitals, to evaluate the feasibility of providing additional
shock trauma training for military medical personnel.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees expect the Secretary of Defense to ensure
that the program would be budget neutral and that the
Department would receive compensation, payment in kind, or
services of equivalent value to the government costs for
providing services to the non-DOD agencies. The conferees
further direct the Comptroller General to evaluate the costs
and value of services or reimbursements to the government.
Study regarding Department of Defense efforts to determine appropriate
force levels of wartime medical personnel (sec. 745)
The House bill contained a provision (sec. 745) that
would direct the Comptroller General of the United States to
evaluate the effectiveness of the modeling efforts of each of
the three service surgeons general related to determination of
the appropriate wartime military medical force-level
requirements, and then to submit to Congress a report on this
evaluation, not later than March 1, 1996.
The Senate amendment contained no similar provision.
The Senate recedes.
Report on improved access to military health care for covered
beneficiaries entitled to Medicare (sec. 746)
The House bill contained a provision (sec. 747) that
would require the Secretary of Defense to report on possible
alternatives to improving access to the military health care
system for those beneficiaries who are Medicare eligible and
ineligible for the Civilian Health and Medical Program of the
Uniformed Services (CHAMPUS).
The Senate amendment contained no similar provision.
The Senate recedes.
Report on effect of closure of Fitzsimons Army Medical Center,
Colorado, on provision of care to military personnel, retired
military personnel, and their dependents (sec. 747)
The Senate amendment contained a provision (sec. 744)
that would require the Secretary of Defense to report to the
Congress on the effect of the closure of Fitzsimons Army
Medical Center, Colorado, on the capability of the Department
of Defense to provide health care for members and former
members of the armed services, and their dependents who suffer
from undiagnosed illness as a result of service in the Persian
Gulf War.
The House bill contained no similar provision.
The House recedes with an amendment that would expand the
requirement to include a report on the effect of the closure of
Fitzsimons Army Medical Center on the capability of the
Department of Defense to provide health care for all military
members, retired military personnel, and their dependents.
Sense of Congress on continuity of health care services for covered
beneficiaries adversely affected by closures of military
medical treatment facilities (sec. 748)
The House bill contained a provision (sec. 748) that
would express the sense of Congress that the Secretary of
Defense should take all appropriate steps to ensure the
continuation of medical and pharmaceutical benefits for covered
beneficiaries adversely affected by the closure of military
facilities.
The Senate amendment contained no similar provision.
The Senate recedes.
State recognition of military advance medical directives (sec. 749)
The House bill contained a provision (sec. 555) that
would ensure advanced medical directives, prepared by members
of the armed forces, their spouses, or other persons eligible
for legal assistance, are recognized as valid by all states and
possessions of the United States.
The Senate amendment contained a similar provision (sec.
1092).
The Senate recedes with a clarifying amendment.
legislative provisions not adopted
Waiver of Medicare Part B late enrollment penalty and establishment of
special enrollment period for certain military retirees and
dependents
The Senate amendment contained a provision (sec. 705)
that would amend the Social Security Act to authorize a waiver
of the penalty for late enrollment in Medicare Part B for
Medicare-eligible Department of Defense beneficiaries who
reside in geographic areas affected by the closure of military
hospitals under the Base Realignment and Closure process.
The House bill contained no similar provision.
The Senate recedes.
Disclosure of information in Medicare and Medicaid coverage data bank
to improve collection from responsible parties for health care
services furnished under CHAMPUS
The Senate amendment contained a provision (sec. 734)
that would amend section 1144 of the Social Security Act to
extend to the Department of Defense access to information in
the data bank to enhance the effectiveness of the Department of
Defense third party collection program.
The House bill contained no similar provision.
The Senate recedes.
Title VIII--Acquisition Policy, Acquisition Management, and Related
Matters
items of special interest
Ship repair contracts
The conferees are concerned with continued reports that
Navy ship repair contractors are not being paid by the prime
contractor in a timely manner. The House report accompanying
H.R. 1530 (H. Rept. 104-131) addressed this issue by asking the
Navy to pursue remedies necessary to ensure that the
subcontractor community will be able to support the United
States Navy fleet properly. The conferees support this language
and urge the Navy to monitor this problem carefully and explore
available remedies to ensure that Navy ship repair
subcontractors are properly and promptly compensated for their
services.
The conferees are similarly concerned with the Navy's
practice of bundling ship repair contracts that include only a
small number of drydocking requirements within several ship
repair availabilities. The conferees are concerned that this
may unnecessarily preclude competition for repair work that
does not require a drydock. The conferees believe that if the
Navy continues to bundle multi-year ship repair contracts that
would in part require the use of a drydock, the Navy should
give strong consideration to making available, at a reasonable
cost, a public drydock, to ensure adequate competition.
Worker's compensation coverage on overseas contracts
The conferees agree with the requirement contained in the
Senate report (S. Rept. 104-112) that would direct the
Secretary of Defense to review the efforts of the State
Department and the Agency for International Development to
consolidate worker's compensation insurance coverage on
overseas contracts. The conferees note that chapter 12 of title
42, United States Code, mandates that all United States
citizens and legal permanent residents, employed for any
duration by a defense contractor, be covered by uniform
worker's compensation insurance.
legislative provisions
Legislative Provisions Adopted
Subtitle A--Acquisition Reform
Limitation on expenditure of appropriations (sec. 801)
The House bill contained a provision (sec. 821(b)) that
would repeal section 2207 of title 10, United States Code.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would apply
section 2207 of title 10, United States Code, solely to
contracts valued above the simplified acquisition threshold.
Delegation authority (sec. 802)
The Senate amendment contained a provision (sec. 806)
that would repeal section 2356 of title 10, United States Code,
which unnessarily duplicates inherent authority of the
Secretary of Defense to delegate research contracting
authorities.
The House bill contained an identical provision.
The conference agreement includes this provision.
Critical spare parts (sec. 803)
The House bill contained a provision (sec. 821(d)) that
would repeal section 2383 of title 10, United States Code,
regarding quality requirements for critical spare parts of
ships or aircraft. The provision was intended to assist the
Department of Defense in shifting from reliance on outdated
military specifications and standards to the use of modern
industrial manufacturing methods that would ensure quality in
critical spare parts.
The Senate amendment contained an identical provision
(sec. 809).
The conference agreement includes this provision.
Fees for certain testing services (sec. 804)
The House bill contained a provision (sec. 822) that
would provide flexibility for the Secretary of Defense to
require reimbursement of indirect, as well as direct costs,
from private sector uses of Department of Defense testing
facilities.
The Senate amendment contained an identical provision
(sec. 812).
The conference agreement includes this provision.
Coordination and communication of defense research activities (sec.
805)
The House bill contained a provision (sec. 824) that
would amend section 2364 of title 10, United States Code, to
require that papers prepared by a defense research facility on
a technological issue relating to a major weapon system be
available for consideration at all decision reviews.
The Senate amendment contained an identical provision
(sec. 807).
The conference agreement includes this provision.
Addition of certain items to domestic source limitation (sec. 806)
The House bill contained a provision (sec. 825) that
would add certain named vessel components to domestic source
limitations, as provided in section 2534(a) of title 10, United
States Code. The provision would also extend, through October
1, 2000, current limitations related to anti-friction bearings
and would require that these limitations be applicable to
contracts and subcontracts below the simplified acquisition
threshold, as well as for commercial subcontracts.
The Senate contained no similar provision.
The Senate recedes with an amendment that would modify
the list of vessel components to be added to the domestic
source limitations in section 2534 of title 10, United States
Code. The provision includes language that would restrict the
application of the domestic source limitations to the
additional vessel components for contracts entered into after
March 31, 1996. The provision would allow the Secretary of the
Navy additional waiver authority for the application of such
limitations based on a determination that such application
would result in retaliatory trade action by a foreign country
against the United States.
The conferees have included language that would require,
for a two-year period beginning on the date of enactment of
this Act, a similar limitation on the purchase of propellers
with a diameter of six feet or more. The conferees direct the
Secretary of the Navy to provide the congressional defense
committees by March 1, 1996 with an assessment of the impact on
the Navy's ability to maintain and modernize the fleet, and
address the impact of the limitation on the purchase of and the
castings for such propellers. The conferees also remain
concerned over the pressing need to sustain a robust ship
propeller repair and maintenance commercial base. Therefore,
the conferees strongly urge the Navy to take this critical
objective fully into account in allocating propeller repair
work in the future.
Encouragement of use of leasing authority for commercial vehicles (sec.
807)
The House bill contained a provision (sec. 827) that
would direct the Secretary of Defense to use lease agreements
for acquisition of equipment, whenever practicable and
otherwise authorized by law. The House provision would also
direct the Secretary to submit to Congress, within 90 days
after enactment of this bill, a report indicating changes in
legislation required to facilitate the Department of Defense
use of leases for the acquisition of equipment.
The Senate amendment contained a provision (sec. 392),
similar to the House provision, that would also provide
authority for the Secretary of Defense to conduct a pilot
program for lease of commercial utility cargo vehicles under
certain prescribed conditions.
The House recedes with a clarifying amendment.
Cost reimbursement rules for indirect costs attributable to private
sector work of defense contractors (sec. 808)
The House bill contained a provision (sec. 844) that
would authorize the Secretary of Defense to enter into
agreements with contractors performing or seeking to perform
private sector work. The House provision would apply modified
accounting rules with respect to the allocation of indirect
costs associated with a contractor's private sector work.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify
the method for allocation of indirect costs to contractor
private sector work and would require the Secretary of Defense
to report on the use of the authority contained in this
provision. The conferees expect the Secretary to act
expeditiously on each defense contractor application for an
agreement under this section.
Subcontracts for ocean transportation services (sec. 809)
The Senate amendment contained a provision (sec. 802(b))
that would delay, until May 1, 1996, the inclusion of section
1241(b) of title 46, United States Code, or section 2631 of
title 10, United States Code, on a list promulgated under
section 430(b) of title 41, United States Code.
The House bill contained no similar provision.
The House recedes.
Prompt resolution of audit recommendations (sec. 810)
The Senate amendment contained a provision (sec. 803)
that would conform section 6009 of the Federal Acquisition
Streamlining Act of 1994 to the reporting requirements of the
Inspector General Act of 1978.
The House bill contained no similar provision.
The House recedes.
Test programs for negotiation of comprehensive subcontracting plans
(sec. 811)
The Senate amendment contained a provision (sec. 804)
that would amend the test authority to remove the limitation on
the activities that may be included in a test. The provision
would also reduce the number of contracts and the aggregate
dollar value of those contracts required to establish a
condition for a contractor's participation in the test program.
The House bill contained no similar provision.
The House recedes.
Authority to procure for test or experimental purposes (sec. 812)
The Senate amendment contained a provision (sec. 808)
that would amend section 2373 of title 10, United States Code,
to conform the newly-codified section to the scope of the
service-specific statutes it replaced.
The House bill contained no similar provision.
The House recedes.
Use of funds for acquisition of rights to use designs, processes,
technical data and computer software (sec. 813)
The Senate amendment contained a provision (sec. 810)
that would clarify section 2386 of title 10, United States
Code, regarding the types of information the Secretary of
Defense may acquire from Department of Defense contractors.
The House bill contained no similar provision.
The House recedes.
Independent cost estimates for major defense acquisition programs (sec.
814)
The Senate amendment contained a provision (sec. 811)
that would permit the military departments or defense agencies,
independent of their respective acquisition executives, to
prepare independent cost estimates for major defense
acquisitions assigned to individual components for oversight.
The provision would align the responsibility for independent
cost estimates with the level of the decision authority.
The House bill contained no similar provision.
The House recedes.
Construction, repair, alteration, furnishing, and equipping of naval
vessels (sec. 815)
The Senate amendment contained a provision (sec. 813)
that would restore the policy regarding the application of the
Walsh-Healey Act, repealed by the Federal Acquisition
Streamlining Act 1994, to contracts for the construction,
alteration, furnishing, or equipping of naval vessels.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Subtitle B--Other Matters
Procurement technical assistance programs (sec. 821)
The Senate amendment contained a provision (sec. 821)
that would add $12.0 million to continue the procurement
technical assistance center program in fiscal year 1996.
The House bill contained no similar provision, but
authorized $10.0 million to continue the program in fiscal year
1996.
The House recedes.
Additional Department of Defense pilot programs (sec. 822)
The conferees have adopted a provision that would set
forth criteria for designating a facility to participate in a
Department of Defense pilot program and require that the
Congress approve the designation in legislation enacted after
the enactment of the National Defense Authorization Act for
Fiscal Year 1996. The conferees intended that the pilot program
be used to test, among other initiatives, the expansion of
commercial practices throughout a facility in which work is
being performed under contracts with the Department of Defense.
Nothing in this provision is intended to authorize or award a
contract, or to exempt a facility from competition requirements
in the award of a contract.
Treatment of Department of Defense cable television franchise
agreements (sec. 823)
The Senate amendment included a provision (sec. 822) that
would require cable television franchise agreements between
cable television operators and the Department of Defense to be
considered contracts for the telecommunications services under
Part 49 of the Federal Acquisition Regulation (FAR).
The House bill contained no similar provision.
The House recedes with an amendment. The amendment would
require the United States Court of Federal Claims to render an
advisory opinion to Congress on the power of the executive
branch to treat cable franchise agreements as contracts under
the FAR and, if so, whether the executive branch is required by
law to treat these agreements as contracts under the FAR. If
the answer to both questions is affirmative, the conferees
expect the Department of Defense to implement regulations
treating cable franchise agreements as contracts for purposes
of the FAR. If the Court renders an affirmative answer to the
first question, the conferees will regard that as significant
basis for enacting a provision similar to that in the Senate
amendment.
Mentor-protege program authority (sec. 824)
The conferees have adopted a provision that would extend
for one year the authority for eligible businesses under the
Mentor-Protege program to enter into new agreements. The
conferees agree that this extension does not prejudge the
outcome of ongoing reviews of programs with similar objectives.
LEGISLATIVE PROVISIONS NOT ADOPTED
Testing of defense acquisition programs
The House bill contained a provision (sec. 823) that
would amend section 2366 of title 10, United States Code,
regarding requirements for operational testing in defense
acquisition programs.
The Senate amendment contained no similar provision.
The House recedes.
Waivers from cancellation of funds
The Senate amendment contained a provision (sec. 801)
that would make funds available for satellite on-orbit
incentive fees until such fees would be earned.
The House bill contained no similar provision
The Senate recedes.
Repeal of duplicative authority for simplified acquisition purchases
The Senate amendment contained a provision (sec. 817)
that would repeal the authority for simplified acquisition
purchases in section 427 of title 41, United States Code.
The House bill contained no similar provision.
The Senate recedes.
Restriction on reimbursement of costs
The Senate amendment contained a provision (sec. 819)
that would prohibit reimbursement of allowable costs above
$250,000 for individual compensation in fiscal year 1996. The
provision also expressed the sense of the Senate that Congress
should consider making such prohibition permanent.
The House bill contained no similar provision.
The Senate recedes.
The conferees question the appropriateness of the level
of industry executive compensation reimbursement as an
allowable expense under government contracts. The conferees
direct the Secretary of Defense to conduct a thorough
assessment of its current policies and procedures regarding
standards of allowability, allocability, and reasonableness of
compensation reimbursement by the Department of Defense. In
carrying out such assessment, the Secretary should conduct a
survey of the executive compensation practices of comparable
non-defense firms involved with similar industries, taking into
consideration size and geographic location.
The conferees direct the Secretary to submit a report to
the congressional defense committees not later than March 31,
1996. The report should detail the results of the Secretary's
assessment and any changes to current policies and procedures,
implemented as a result of the assessment.
Title IX--Department of Defense Organization and Management
LEGISLATIVE PROVISIONS
LEGISLATIVE PROVISION ADOPTED
Subtitle A--General Matters
Reorganization of the Office of the Secretary of Defense (sec. 901-903
and 905)
The House bill contained a provision (sec. 901) that
would require that direct support activities and similar
functions be included in the mandated personnel reduction. This
provision would also reduce the number of authorized assistant
secretaries of defense by two and require that the Secretary of
Defense provide Congress with a comprehensive reorganization
plan for the office. Additionally, it would repeal a number of
the current statutorily mandated offices and positions within
OSD.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to conduct a detailed review of the
organization and functions of the Office of the Secretary of
Defense, including the Washington Headquarters Service and the
Defense Support Agencies. The amendment would also direct the
following: a 25 percent reduction of the Office of the
Secretary of Defense over five years; reduction of the number
of Assistant Secretaries of Defense by one, from eleven to ten;
and, on January 31, 1997, repeal certain statutory mandated
offices and positions within the Office of the Secretary of
Defense. Additionally, the amendment would establish a charter
for the Joint Requirements Oversight Council (JROC) effective
January 31, 1997.
Redesignation of the position of Assistant to the Secretary of Defense
for Atomic Energy (sec. 904)
The Senate amendment contained a provision (sec. 901)
that would change the name of the Assistant to the Secretary of
Defense for Atomic Energy to be the Assistant to the Secretary
of Defense for Nuclear and Chemical and Biological Defense
Programs.
The House bill contained no similar provision.
The House recedes.
Restructuring of Department of Defense acquisition organization and
workforce (sec. 906)
The House bill contained a provision (sec. 902) that
would require the Secretary of Defense to submit a report to
Congress including a plan for restructuring the current
acquisition organizations in the Department of Defense as well
as an assessment of specified restructuring options. The
provision would also mandate a reduction of the acquisition
workforce by 25 percent from October 1, 1995 to October 1,
1998, and require a reduction of 30,000 acquisition workforce
positions in the Department of Defense in fiscal year 1996.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment requiring the
Secretary to submit the report on a plan to reduce by October
1, 1998 the acquisition workforce, as defined by the Secretary,
25 percent below the baseline of October 1, 1994. The provision
would also require the Secretary to reduce the number of
acquisition personnel by 15,000 in fiscal year 1996.
Report on nuclear posture review and on plans for nuclear weapons
management in event of abolition of Department of Energy (sec.
907)
The House bill contained a provision (sec. 903) that
would require the Secretary of Defense to prepare and submit a
report to Congress that describes the Secretary's plan to
incorporate the national security programs of the Department of
Energy (DOE) into the Department of Defense. In developing the
plan the Secretary would be required to make every effort to
preserve the integrity, mission, and functions of these
programs. The Senate amendment contained a provision (sec.
3151) that would require the Secretary of Defense to provide
the congressional defense committees with an assessment of the
effectiveness of the DOE. The assessment should include: (1)
maintaining the nuclear weapons stockpile; (2) management of
its environmental, health, and safety requirements, and
national security research and development, as compared with
similar DoD operations; and (3) the fulfillment of DOE's
Nuclear Posture Review requirements.
The Senate recedes with an amendment that combines both
provisions.
Redesignation of Advanced Research Projects Agency (sec. 908)
The House bill contained a provision (sec. 908) that
would change the designation of the Advanced Research Projects
Agency to the Defense Advanced Research Projects Agency.
The Senate amendment contained no similar provision.
The Senate recedes.
Naval nuclear propulsion program (sec. 909)
The House bill contained a provision (sec. 909) that
would establish that no department or agency may regulate or
direct any change in function for facilities under the Naval
Nuclear Propulsion Program unless otherwise permitted or
specified by law. It contained a second provision (sec.
1032(m)) that would repeal section 1634 of the National Defense
Authorization Act for Fiscal Year 1985 (Public Law 98-525, 42
U.S.C. 7158 note). Section 1634 stipulates that the provisions
of Executive Order 12344, dated February 1, 1982, pertaining to
the Naval Nuclear Propulsion Program, shall remain in force
until changed by law.
The Senate amendment contained no similar provision.
The conferees agree to a new provision that would provide
that:
(1) Effective October 1, 1998, section 1634 of the
National Defense Authorization Act for Fiscal Year 1985 is
repealed.
(2) An Executive order that includes a provision that,
after October 1, 1998, would amend, modify, or repeal Executive
Order 12344 (42 U.S.C. 7158 note) may not be issued until 60
days after notification of an intent to modify Executive Order
12344 has been submitted in writing to the congressional
defense committees.
Subtitle B--Financial Management
Transfer authority regarding funds available for foreign currency
fluctuation (sec. 911)
The Senate amendment contained a provision (sec. 1006)
that would authorize a foreign currency fluctuation account for
the military personnel appropriation. This authorization would
be limited to fiscal year 1996 and subsequent appropriations.
The House bill contained no similar provision.
The House recedes.
Defense Modernization Account (sec. 912)
The Senate amendment contained a provision (sec. 1003)
that would establish a Defense Modernization Account to
encourage savings within the Department of Defense and to make
those savings available to address the serious shortfall in
funding for modernization.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Under the conference agreement, the Secretary of Defense
could place in the Defenses Modernization Account funds saved
from achieving economies and efficiencies in: (1) investment
programs; and (2) installation management (to the extent that
unobligated balances in installation management are available
during the last 30 days of the fiscal year). The conferees
fully expect the Department to protect current readiness of the
forces, particularly in regard to funds for budget activities
one and two in the operation and maintenance appropriations
accounts.
In order to encourages savings by the military
departments and the Department of Defense, funds placed in the
account would be reserved for use by the department or
component that generated the savings. No funds could be made
available from the account by the department of defense except
through established reprogramming procedures. Reprogramming
procedures could not be used to exceed the statutory funding
authorization or statutory quantity ceiling applicable to a
given program. The amount of funds that could be reprogrammed
by the Department of Defense could not exceed $500.0 million in
any one fiscal year.
Disbursing and certifying officials (sec. 913)
The House bill contained a provision (sec. 1004) that
would provide for the designation and appointment of disbursing
and certifying officials within the Department of Defense.
The Senate bill contained a similar provision (sec. 1002)
that would authorize the designation and appointment of
disbursing and certifying officials, and would grant relief
from liability in certain specific circumstances. Relief from
liability would be based on demonstrated accountability for the
loss is determined and diligent efforts to collect money owed
to the government has been made.
The House recedes.
Fisher House Trust Funds (sec. 914)
The Senate amendment contained a provision (sec. 742)
that would establish trust funds on the books of the Treasury
for Fisher Houses. The interest earned by these trust funds
would be used for the administration, operation, and
maintenance of Fisher Houses within the Army and Air Force.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Limitation on use of authority to pay for emergency and extraordinary
expenses (sec. 915)
The House bill contained a provision (sec. 372) that
would require the Secretary of Defense to submit to Congress a
quarterly report of expenditures for emergency and
extraordinary expenses. The provision would also require the
Secretary of Defense to provide congressional notification
prior to an obligation or expenditure of $1.0 million or more.
The Senate amendment included a provision (sec. 1005)
that would require the Secretary of Defense to notify Congress
five days prior to an obligation or expenditure of emergency
and extraordinary expenses authority in excess of $500,000 and
15 days prior to an obligation or expenditure of $1.0 million.
The provision would allow the Secretary of Defense to waive the
time period required for notification prior to obligation or
expenditure of funds if a determination were made that such
prior notification would compromise national security
objectives. In the event the Secretary uses the authority to
waive notification for national security reasons, notification
would be required 30 days after the expenditure of funds or on
the date the activity is completed.
The House recedes with an amendment that would require
the Secretary of Defense to notify the congressional defense
committees five days in advance of obligation or expenditure of
funds in excess of $500,000 or 15 days in advance of obligation
or expenditure of funds in excess of $1.0 million. In the event
the Secretary determines that prior notification of the
obligation or expenditure of funds would compromise national
security objectives, the provision would allow the Secretary to
waive the waiting period. In the event a national security
waiver is necessary, the Secretary shall immediately notify the
congressional defense committees of the need to expend funds,
and provide the chairman and ranking member, or their
designees, with any relevant information, including the amount
and purposes for the obligation or expenditure.
The conferees remain concerned about the use of
Department of Defense funds for purposes that are more
appropriately funded through the international affairs budget.
The conferees urge the administration to refrain recommending
the use of the Department of Defense emergency and
extraordinary expenses authority for non-defense purposes. The
conferees also caution the Department to exercise minimal and
judicious use of the national security waiver.
legislative provisions not adopted
Change in titles of certain Marine Corps general officer billets
resulting from reorganization of the Headquarters, Marine Corps
The House bill contained a provision (sec. 904) that
would change references in current law to reflect the
reorganization of Headquarters, Marine Corps.
The Senate amendment contained no similar provision.
The House recedes.
Inclusion of Information Resources Management College in the National
Defense University
The House bill contained a provision (sec. 905) that
would authorize the Secretary of Defense to establish a
personnel system for the Information Resources Management
College that is consistent with the personnel system for other
institutions within the National Defense University.
The Senate amendment contained no similar provision.
The House recedes.
Employment of civilians at the Asia-Pacific Center for Security Studies
The House bill contained a provision (sec. 906) that
would authorize the Secretary of Defense to establish a
personnel system for the Asia-Pacific Center for Security
Studies.
The Senate amendment contained no similar provision.
The House recedes.
Aviation testing consolidation
The House bill contained a provision (sec. 910) that
would prevent the Secretary of the Army from consolidating the
Aviation Technical Test Center, Fort Rucker, Alabama, with any
other aviation testing facility until 60 days after the date on
which a report was received.
The Senate amendment contained no similar provision.
The House recedes.
Office of Humanitarian and Refugee Affairs
The Senate amendment contained a provision (sec. 364)
that would eliminate the Office of Humanitarian and Refugee
Affairs within the Office of the Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict.
The House bill contained no similar provision.
The Senate recedes.
Title X--General Provisions
items of special interest
Assistance to local educational agencies when installation housing is
located on leased land
The conferees note that the Secretary of Education has
declined to recognize military connected students as residing
on Federal property if the government owned housing in which
they reside is located on leased land. In one case, recognition
of on-installation residency was denied even though the housing
is located within the security perimeter of the installation
and is managed in the same manner as government housing located
on government owned land.
The conferees believe that, for purposes of assistance to
local educational agencies, residents of government owned
housing, located on land leased by the government and managed
in the same manner as government housing on government owned
land, shall be considered residents of federal property.
Authority to conduct personnel demonstration projects
The National Defense Authorization Act for Fiscal Year
1995 made permanent the authority of the Secretary of the Navy
to continue personnel demonstration projects at the Naval Air
Warfare Center Weapons Division, China Lake, California, and
the Naval Command, Control, and Ocean Center, San Diego,
California, and at successor organizations resulting from the
reorganization of Naval Air Warfare Center Weapons Division or
the Naval Command, Control, and Ocean Center. Additionally, the
National Defense Authorization Act for Fiscal Year 1995
provided expanded authority for the Secretary of Defense to
conduct personnel demonstration projects at Science and
Technology Reinvention Laboratories.
The conferees are concerned about what appears to be a
lack of real progress in this area over the past year.
Therefore, the conferees direct the Department of Defense to
report to the Senate Committee on Armed Services and the House
Committee on National Security, not later than February 1,
1996, the extent to which these expanded authorities have been
used in each of the military departments. As a minimum, this
report should include those demonstration projects proposed by
the military departments, the status of each such proposal, and
the projected date for final action on each proposal.
legislative provisions
legislative provisions adopted
Subtitle A--Financial Matters
Transfer authority (sec. 1001)
The House bill contained a provision (sec. 1001) that
would allow the Department of Defense to transfer up to $2.0
billion between accounts using normal reprogramming procedures.
The Senate amendment contained a similar provision (sec.
1001).
The House recedes.
Incorporation of classified annex (sec. 1002)
The House bill contained a provision (sec. 1002) that
would incorporate by reference the classified annex to the
bill. In addition, the provision would authorize the
expenditure of funds made available for programs, projects, and
activities referred to in the classified annex according to the
terms, conditions, limitations, restrictions, and requirements
of those programs, projects, and activities.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Improved funding mechanisms for unbudgeted operations (sec. 1003),
Operation Provide Comfort (sec. 1004), and Operation Enhanced
Southern Watch (sec. 1005)
The House Bill contained a provision (sec. 1003) that
would establish a procedure for the funding of contingency
operations out of accounts other than those which are normally
known as operational readiness accounts. This provision would
also require the President to budget for any operations that
are ongoing in the first quarter of a fiscal year and are
expected to continue into the next fiscal year. If the
President were to fail to request the necessary funds in his
annual budget, then funding for these operations would be
denied at the start of the next fiscal year.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would include
three separate provisions that would: (1) modify the funding
mechanism proposed by the House for contingency operations; (2)
authorize $503.8 million for Enhanced Southern Watch and
require that semi-permanent elements of this operation be
designated as forward presence operations; and (3) authorize
$143.3 million for Provide Comfort and require the Secretary of
Defense to provide a report on this operation. The
authorization includes both military personnel and operations
and maintenance funding.
The conferees have observed with concern, the continuing
growth of the Department of Defense involvement in unbudgeted
peacekeeping and humanitarian contingency operations that
negatively impact upon military readiness. The Secretary of
Defense initially estimated the unbudgeted fiscal year 1996
costs to the Department for ongoing operations in Iraq, Haiti
and Bosnia to be $1.2 billion. This amount excludes the
estimated $1.5 billion incremental cost of the proposed
deployment of U.S. ground forces to Bosnia. Lacking the
budgeted resources, the Department has resorted to the practice
of financing the cost of these operations from the military
services' operational readiness accounts. This practice has
resulted in the cancellation or deferral of some training
exercises, necessary equipment maintenance, and other routine
activities that degrade the readiness of the force. Depending
on what activities are foregone, this adverse impact could be
significant.
In recognition of this problem, the Administration's
fiscal year 1996 legislative proposal contained a request to
grant the Secretary of Defense extraordinary authority to
transfer funds between accounts. The conferees instead
recommend a provision that would more fully address this matter
by providing new funding mechanisms for unforeseen and
unbudgeted contingency operations.
To address unforeseen and unbudgeted operations, the
provision would revise existing provisions of law to require
the Secretary of Defense to draw upon the Defense Business
Operating Fund (DBOF) to provide much of the funding for these
operations. In addition, the provision authorizes a targeted
transfer authority of $200.0 million from non-readiness
accounts. These accounts are intended to serve as interim
funding mechanisms until Congress approves a supplemental
appropriations package to replenish the DBOF cash balances or
other accounts from which funds were transferred.
To address ongoing operations in southern Iraq, the
conferees recommend a provision that would authorize $503.8
million for Enhanced Southern Watch during fiscal year 1996 and
would require that before obligating more than $250 million of
this amount, the Secretary of Defense shall provide the
Congressional Defense Committees with a report designating any
elements of Operation Enhanced Southern Watch that are
semipermanent in nature as forward presence operations that
should be budgeted in the future in the same manner as other
forward presence operations routinely budgeted as part of the
annual defense budget. The conferees believe that the aftermath
of the Persian Gulf War has fundamentally altered the security
situation in the region in a manner that will require a
significant U.S. presence for years to come.
To address the operation designated as Provide Comfort,
the conferees recommend a provision that would authorize $143.3
million in fiscal year 1996. This provision would also require
the Secretary of Defense to submit a report that details the
expected fiscal year 1996 costs of that operation, and the
missions and functions expected to be performed by the
Department of Defense and other agencies of the Federal
Government. In addition, this report should discuss the options
related to reduction of the level of the military involvement
in the operation, and include an exit strategy for the United
States.
Finally, the conferees express the view that costs borne
by the Department of Defense in conducting contingency
operations in support of another agency's mission, such as
humanitarian relief, law enforcement and immigration control,
should not be assessed against the defense budget topline. The
conferees are concerned with the increasing cost of these
operations at a time of declining defense budgets and the
negative impact this has had upon military readiness. The
conferees endorse the historical principle of maintaining a
peacetime defense budget designed to adequately fund the
activities of the Department of Defense to organize, train and
equip military forces in a manner sufficient to meet national
security requirements.
In addition, the conferees note that the five year
defense program remains underfunded relative to the national
security strategy and recommended military force structure. The
negative impact of these shortfalls will grow in the years
ahead and threaten our ability to maintain adequate levels of
short and long-term readiness, including sorely needed
equipment modernization. Therefore, the conferees believe that
funding for contingency operations should be provided in
addition to what would have otherwise been made available for
the Department of Defense for its normal peacetime activities.
Unauthorized appropriations for fiscal year 1995 (sec. 1006)
The House bill contained a provision (sec. 1005) that
would allow the Department of Defense to obligate funds for all
fiscal year 1995 programs, projects, and activities for which
the amount appropriated exceeded the amount authorized.
The Senate amendment contained no such provision.
The Senate recedes with an amendment that provides
exceptions as specifically cited in this section.
Authorization of prior year emergency supplemental appropriations for
fiscal year 1995 (sec. 1007)
The House bill contained a provision (sec. 1006) that
would authorize the emergency supplemental appropriations
enacted in the Emergency Supplemental Appropriations and
Rescissions for the Department of Defense to Preserve and
Enhance Military Readiness Act of 1995 (Public Law 104-6). This
Act provided funding for fiscal year 1995 expenses related to
military operations in Southwest Asia, Haiti, Cuba, Somalia,
Bosnia, and Korea.
The Senate amendment contained a similar provision (sec.
1004).
The Senate recedes.
Authorization reductions to reflect savings from revised economic
assumptions (sec. 1008).
The conferees agree to a provision that would reflect
revised economic assumptions that were not available prior to
the conference report.
Subtitle B--Naval Vessels and Shipyards
Iowa class battleships (sec. 1011)
In February 1995, the Secretary of the Navy made a
decision to strike the Navy's four inactive Iowa class
battleships from the naval register. The Senate amendment
contained a provision (sec. 1011) that would direct the
Secretary of the Navy to restore at least two Iowa class
battleships to the naval register in an inactive status. The
Secretary would be required to retain them on the register
until he is prepared to certify that the Navy has within the
fleet an operational surface fire support capability that
equals or exceeds the fire support capability that the
battleships could provide if returned to active service.
The Senate provision would recognize the fact that
battleships could provide a surface fire support capability
unmatched by any other Navy weapons system and that there is an
ongoing concern regarding the Department of the Navy's apparent
lack of commitment to provide for the surface fire support
capability necessary for amphibious assaults. The ability of
the Marine Corps and the Navy to conduct forcible entry by
amphibious assault is an essential element of the Department of
the Navy's strategic concept for littoral warfare.
The House bill contained no similar provision.
The House recedes with an amendment.
The conferees believe that the Department of the Navy's
future years defense program, presented with the fiscal year
1996 budget, could not produce a replacement fire support
capability comparable to the battleships until well into the
next century. The conferees consider retention of two
battleships in the fleet's strategic reserve a prudent measure.
Transfer of naval vessels to certain foreign countries (sec. 1012)
The Senate amendment included a provision (sec. 1012)
that would authorize the Secretary of the Navy to transfer
eight FFG-7 class guided missile frigates to various countries.
Seven of the frigates would be transferred by grant, and one by
lease.
The House bill contained no similar provision.
The House recedes with an amendment that would:
(1) reduce the number of grant transfers from seven
to four, and the remaining frigates would be
transferred by lease or sale;
(2) require that, as a condition of the transfer of
the eight frigates, any repair or refurbishment needed
before the transfer, be performed at a shipyard located
in the United States;
(3) amend section 2763 of title 22, United States
Code, to permit foreign countries to use foreign
assistance funds to lease vessels; and
(4) amend section 2321j of title 22, United States
Code, to prohibit future grant transfers of any vessel
that is in excess of 3,000 tons or that is less than 20
years old.
The conferees are aware that in some cases U.S. national
security will be best served by a grant transfer, particularly
when the recipient is an important coalition defense partner
that is making valuable contributions to U.S. security or lacks
the resources to obtain a vessel by lease or sale. Accordingly,
the amendment to section 2321j would permit the President to
request a future grant transfer if it is determined that it is
in the national security interest of the United States.
Contract options for LMSR vessels (sec. 1013)
The House bill contained a provision (sec. 1021) that
would recommend that the Secretary of the Navy negotiate a
contract option price for a seventh large medium speed roll-on/
roll-off (LMSR) strategic sealift ship at each of the two
shipyards that currently have construction contracts.
The Senate amendment contained no similar provision.
The Senate recedes.
National Defense Reserve Fleet (sec. 1014)
The Senate amendment contained a provision (sec. 381)
that would permit the use of the National Defense Sealift Fund
(NDSF) to budget for expenses of the national defense reserve
fleet (NDRF). Beginning with the fiscal year 1996 request,
funds for NDRF expenses would be included in the NDSF budget
request within budget function 051.
The House bill contained no similar provision.
The House recedes with an amendment that would:
(1) clarify that NDRF vessels would not require
retrofit to a double hull configuration as a
consequence of this change in budgeting procedure;
(2) clarify that NDSF funds shall not be used for
the acquisition of ships for the NDRF that are built in
foreign shipyards; and
(3) permit the use of NDSF funds to complete the
modifications needed to prepare two roll-on/roll-off
ships that were purchased in fiscal year 1995 for
incorporation into the ready reserve force of the NDRF.
The conferees intend that the Department of Defense seek
and obtain specific legislative authorization prior to
obligating and expending any funds for the acquisition of any
vessels for the NDRF.
Naval salvage facilities (sec. 1015)
The Senate amendment contained a provision (sec. 805)
that would consolidate all sections in chapter 637 of title 10,
United States Code, relating to naval salvage facilities.
The House bill contained no similar provision.
The House recedes with an amendment.
Vessels subject to repair under phased maintenance contracts (sec.
1016)
The House bill contained a provision (sec. 1022) that
would require the Secretary of the Navy to ensure that vessels
or classes of vessels, covered by phased maintenance contracts
while in active Navy service, would continue to be covered by
those contracts after being transferred to other operating
commands, such as the Military Sealift Command.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would restrict
this requirement to type AE ships covered by phased maintenance
contracts as of the date of enactment of the National Defense
Authorization Act for Fiscal Year 1996.
Clarification of requirements relating to repairs of vessels (sec.
1017)
Section 7310 of title 10, United States Code, places
limits on the type of repairs that can be performed by foreign
shipyards on Navy ships that are homeported in the United
States. The House bill contained a provision (sec. 1023) that
would amend section 7310 by designating Guam a United States
homeport for purposes of that section.
The Senate recedes.
Naming amphibious ships (sec. 1018)
The Senate amendment contained a provision (sec. 1013)
that would make the following findings:
(1) this is the fiftieth anniversary of the battle
of Iwo Jima, one of the greatest victories in the
Marine Corps' illustrious history;
(2) the Navy has recently retired the ship that
honored that battle, U.S.S. Iwo Jima (LPH-2), the first
ship in a class of amphibious assault ships;
(3) this Act authorizes the LHD-7, the final ship
of the Wasp class of amphibious assault ships, to
replace the Iwo Jima class of ships;
(4) the Navy is planning to start building a new
class of amphibious transport docks, now called the
LPD-17 class, and this Act also authorizes funds that
will lead to procurement of these vessels;
(5) there has been some confusion in the rationale
behind naming new naval vessels, with traditional
naming conventions frequently violated; and
(6) although there have been good and sufficient
reasons to depart from naming conventions in the past,
the rationale for such departures has not always been
clear.
The Senate amendment would also express the sense of the
Senate that:
(1) the LHD-7, authorized in the Senate amendment,
should be named the U.S.S. Iwo Jima; and
(2) the ships of the LPD-17 class amphibious ships
should be named after a Marine Corps battle or a member
of the Marine Corps.
The House bill contained no similar provision.
The House recedes with an amendment. The conferees agree
to endorse the sense of the Senate expressed as a sense of
Congress.
Naming of naval vessel (sec. 1019)
The House bill contained a provision (sec. 1024) that
would express the sense of Congress that the Secretary of the
Navy should name an appropriate naval vessel the U.S.S. Joseph
Vittori.
The Senate amendment contained no similar provision.
The Senate recedes.
Transfer of riverine patrol craft (sec. 1020)
The House bill contained a provision (sec. 1025) that
would authorize the Secretary of the Navy to transfer one Swift
class riverine patrol craft to the Tidewater Community College,
Portsmouth, Virginia, for scientific and educational purposes.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle C--Counter-Drug Activities
Counter-drug activities
The budget request for drug interdiction and counter-drug
activities totals $680.4 million, plus $131.5 million for
operational tempo which is included within the operating
budgets of the military services.
Both the House bill and the Senate amendment would
authorize the budget request of $680.4 million, with marginal
differences in the allocation of these funds.
Both the House bill and the Senate amendment would delete
funding for the Community Outreach Programs ($8.2 million). In
addition, the Senate amendment included a provision (sec. 1022)
that would prohibit continued Department of Defense (DOD)
funding of the National Drug Intelligence Center (NDIC) ($34.0
million).
The House bill would authorize increased funding for the
Tethered Aerostat Radar System ($1.5 million), Counterdrug
Analysis ($1.2 million), Southcom Radars ($1.5 million),
Special Operations Forces (SOF) Counterdrug Support ($2.5
million), and CARIBROC Communications ($1.5 million).
The Senate amendment would authorize an increase in
funding for procurement of non-intrusive inspection devices for
the Customs Service ($25.0 million), Source Nation Support
Initiatives ($15.2 million) and the Gulf States Counterdrug
Initiative ($2.0 million).
The conferees agree to delete DOD funding for the
Community Outreach Programs and the National Drug Intelligence
Center.
The conferees agree to authorize additional funding for
Law Enforcement Agency Support, with a $4.0 million increase to
expand the intelligence activities of the Gulf States Coast
Initiative and a $2.5 million increase for the Southwest Border
States Information System. The conferees support continued DOD
assistance for the Southwest Border States Anti-Drug
Information System and urge the Secretary of Defense to
continue to monitor and support this system through completion
of the current program.
The conferees further agree to authorize an additional
increase of $28.0 million for other Law Enforcement Agency
Support. The conferees urge the Secretary of Defense, through
normal reprogramming procedures, to use up to $25.0 million of
these funds to procure low-energy/backscatter x-ray equipment
for use as non-intrusive inspection devices. The conferees are
aware that 70 percent of the illegal drugs that enter the
United States come, primarily by air, into Mexico and then
across the southwest border by truck and automobile. The
conferees believe that the fielding of non-intrusive detection
devices at the southwest border would significantly contribute
to the fight against illegal drug trafficking across the United
States-Mexican border. The conferees also urge the Secretary of
Defense, through normal reprogramming procedures, to consider
using available funds for improvements and extension of the
existing fence along the San Diego Border Patrol Sector.
The conferees agree to authorize an additional $7.7
million for other Source Nation Initiatives. These funds could
be used for refurbishment and relocation of U.S. ground-based
radars, high frequency secure communications among allied
(Andean Ridge) nations, night vision goggles and global
positioning systems, flight plan computers, podded radars,
direction-finding capability, secure tactical field and
aircraft radios, and other critical requirements associated
with source nations.
Allocation of funds for counterdrug activities are
indicated below:
Drug interdiction and counterdrug activities, operations and maintenance
Thousands
Fiscal year 1996 drug and counterdrug request................. $680,400
Source nation support..................................... 127,300
Dismantling cartels....................................... 64,300
Detection and monitoring.................................. 111,700
Law enforcement agency support............................ 279,300
Demand reduction.......................................... 97,800
Reductions:
Community outreach programs............................... 8,236
National Drug Intelligence Center......................... 34,000
Increases, law enforcement agency support:
Gulf States counterdrug initiative........................ 4,000
Southwest border States information system................ 2,500
Other..................................................... 28,000
Increases, source nation support.............................. 7,736
--------------------------------------------------------------
____________________________________________________
Total................................................. 680,400
Revision and clarification of authority for Federal support of drug
interdiction and counter-drug activities of the National Guard
(sec. 1021)
The Senate amendment contained a provision (sec. 1021)
that would revise and clarify authority for federal support of
drug interdiction and counter-drug activities of the National
Guard.
The House bill contained no similar provision.
The House recedes with an amendment which would further
clarify the legal status of National Guard personnel
participating in these programs.
National Drug Intelligence Center (sec. 1022)
The Senate amendment included a provision (sec. 1022)
that would prohibit further Department of Defense (DOD) funding
of the National Drug Intelligence Center (NDIC), but would
allow the Secretary of Defense to continue to provide DOD
intelligence personnel to support intelligence activities at
NDIC, as long as the number of personnel provided by DOD does
not exceed the number used to support intelligence activities
at NDIC as of the date of enactment of this bill.
The House bill contained no similar provision.
The House recedes.
Subtitle D--Civilian Personnel
Management of Department of Defense civilian personnel (sec. 1031)
The House bill contained a provision (sec. 331) that
would prohibit the use of full-time equivalent personnel
ceilings in the management of the Department of Defense's
civilian workforce.
The Senate amendment contained a similar provision (sec.
332).
The Senate recedes with a clarifying amendment.
The conferees direct the Secretary of Defense to report
to the Senate Committee on Armed Services and the House
Committee on National Security by February 15, 1996, on plans
to manage civilian personnel in consideration of this
provision.
Conversion of military positions to civilian positions (sec. 1032)
The House bill contained a provision (sec. 333) that
would require the Secretary of Defense to convert not less than
10,000 military positions to performance by civilian employees
of the Department of Defense.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would permit
the conversion to be phased over two fiscal years.
Elimination of 120-day limitation on details of certain employees (sec.
1033)
The Senate amendment contained a provision (sec. 338)
that would amend section 3341 of title 5, United States Code,
to eliminate the requirement that the administration of details
for civilian employees be managed in 120-day increments.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Authority of civilian employees of the Department of Defense to
participate voluntarily in reductions in force (sec. 1034)
The Senate amendment contained a provision (sec. 340)
that would allow employees who are not affected by a reduction-
in-force (RIF) to volunteer to be RIF separated in place of
other employees who are scheduled for RIF separation.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Authority to pay severance payments in lump sums (sec. 1035)
The Senate amendment contained a provision (sec. 341)
that would amend section 5595 of title 5, United States Code,
to permit the lump-sum payment of severance pay.
The House bill contained no similar provision.
The House recedes.
Continued health insurance coverage (sec. 1036)
The House bill contained a provision (sec. 337) that
would extend continued health insurance coverage for certain
employees affected by a force reduction or a base realignment
and closure action.
The Senate amendment contained a similar provision (sec.
337).
The Senate recedes.
Revision of authority for appointments of involuntarily separated
military reserve technicians (sec. 1037)
The Senate amendment contained a provision (sec. 336)
that would amend section 3329 of title 5, United States Code,
to eliminate the requirement regarding separated technicians.
The House bill amendment contained no similar provision.
The House recedes.
Wearing of uniform by National Guard technicians (sec. 1038)
The Senate amendment contained a provision (sec. 333)
that would require military technicians to wear military
uniforms in their jobs. The provision would also place
technician officers on the same footing as Active Guard and
Reserve officers for purposes of qualifying for a uniform
allowance.
THe House bill contained no similar provision.
The House recedes.
Military leave for military reserve technicians for certain duty
overseas (sec. 1039)
The House bill contained a provision (sec. 512) that
would authorize military technicians an additional 44 workdays
of leave, without loss of pay and other benefits, for periods
the technician would serve on active duty, without pay, while
in support of non-combat operations outside the United States.
The Senate amendment contained no similar provision.
The Senate recedes.
Personnel actions involving employees of nonappropriated fund
instrumentalities (sec. 1040)
The House bill contained a provision (sec. 334) that
would clarify the definition of nonappropriated fund
instrumentality employees and permit the direct reporting of
violations by nonappropriated fund employees to the Department
of Defense Inspector General.
The Senate amendment contained no similar provision.
The Senate recedes.
Coverage of nonappropriated fund employees under authority for flexible
and compressed work schedules (sec. 1041)
The House bill contained a provision (sec. 336) that
would provide the same overtime exemption for nonappropriated
fund employees as applies to other civilian employees of the
Department of Defense.
The Senate amendment contained a similar provision (sec.
343).
The House recedes.
Limitation on provision of overseas living quarters allowances for
nonappropriated fund instrumentality employees (sec. 1042)
The House bill contained a provision (sec. 335) that
would, as of September 30, 1997, conform the allowance for
overseas living quarters for nonappropriated fund employees to
that provided for civilian employees of the Department of
Defense paid from appropriate funds.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Elections relating to retirement coverage (sec. 1043)
The House bill contained a provision (sec. 338) that
would increase the number of employees eligible to transfer
between nonappropriated fund and appropriated fund morale,
welfare, recreation programs without significant loss of
benefits.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would provide
for portability of retirement benefits by allowing: (1)
election by employees of the nonappropriated fund or the
Federal Employees Retirement System; (2) credit for years of
service either as a nonappropriated fund employee or a civil
service employee; (3) government-wide eligibility; and (4)
creditability of nonappropriated fund service for reduction-in-
force purposes.
Extension of temporary authority to pay civilian employees with respect
to the evacuation from Guantanamo, Cuba (sec. 1044)
The Senate amendment contained a provision (sec. 334)
that would extend the authorization for the Navy to continue to
pay evacuation allowances until January 31, 1996 to civilian
employees whose dependents were evacuated from Guantanamo,
Cuba, in August and September 1994. The provision would also
require a monthly report which would include the actions that
the Secretary of the Navy is taking to eliminate the conditions
making the payments necessary.
The House bill contained no similar provision.
The House recedes.
Subtitle E--Miscellaneous Reporting Requirements
Report on budget submission regarding reserve components (sec. 1051)
The Senate amendment contained a provision (sec. 1007)
that would require the Secretary of Defense to submit a report
that describes measures taken within the Department of Defense
to ensure that the reserve components are appropriately funded,
and, for fiscal year 1997, lists the major weapons and items of
equipment, as well as, the military construction projects
provided for the National Guard and Reserves.
The House bill included no similar provision.
The House recedes with an amendment.
The conferees agree to a provision that would require the
report included in the original Senate provision, and would
require the Secretary of Defense to display in all future-years
defense programs the amounts requested for procurement of
equipment and military construction for each of the reserve
components.
Report on desirability and feasibility of providing authority for use
of funds derived from recovered losses resulting from
contractor fraud (sec. 1052)
The Senate amendment contained a provision (sec. 382)
that would allow the secretary of a military department to
receive an allocation from funds recovered in contractor fraud
cases, for use by installations that carried out or supported
investigations or litigation involving contractor fraud.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to report on the desirability and
feasibility of authorizing the retention and use of a portion
of such recovered amounts.
Review of national policy on protecting the national information
infrastructure against strategic attack (sec. 1053)
The Senate amendment contained a provision (sec. 1097)
that would require the President to submit a report that would
set forth the national policy and architecture governing plans
to protect the national information infrastructure against
strategic attack.
The House bill contained no similar provision.
The House recedes.
The conferees intend that the President rely, to the
maximum extent practicable, on the executive agent for the
national communications system in the preparation and
submission of the report.
Report on Department of Defense boards and commissions (see 1054)
The Senate amendment contained a provision (sec. 1084)
that would require the Department of Defense to prepare a
report listing certain boards and commissions. The Department
would be required to indicate whether each board or commission
merits continued support.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Change in reporting date (sec. 1055)
The Senate amendment contained a provision in its
classified annex that would change the date that the Department
of Defense is required to submit annually its budget materials
for Special Access Programs, from February 1 to March 1.
The House bill contained no similar provision.
The House recedes.
Subtitle F--Repeal of Certain Reporting and Other Requirements and
Authorities
Miscellaneous provisions of law (sec. 1061)
The House bill contained a provision (sec. 1032) that
would repeal numerous provisions of law that have expired or
are obsolete, or that were inconsistent with other provisions
recommended by the House.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would retain
portions of the suggested deletions.
Reports required by Title 10, United States Code (sec. 1062)
The Senate amendment contained seven provisions (secs.
1071-1077) that would delete a total of 67 reports currently
required of the Department of Defense.
The House bill contained no similar provision.
The House recedes with an amendment that would retain
several of the reporting requirements.
Subtitle G--Department of Defense Education Programs
Continuation of the Uniformed Services University of the Health
Sciences (sec. 1071)
The House bill contained a provision (sec. 907) that
would require the Secretary of Defense to budget for ongoing
operations at the Uniformed Services University of the Health
Sciences.
The Senate amendment contained a similar provision (sec.
1031) that would reaffirm the prohibition of the closure of the
University, and establish minimum staffing levels.
The House recedes with a clarifying amendment.
Additional graduate schools and programs at the Uniformed Services
University of the Health Sciences (sec. 1072)
The Senate amendment contained a provision (sec. 1032)
that would authorize additional graduate schools and programs
at the Uniformed Services University of the Health Sciences.
This provision would permit the Board of Regents to establish a
graduate school of nursing at the University.
The House bill contained no similar provision.
The House recedes.
Funding for adult education programs for military personnel and
dependents outside the United States (sec. 1073)
The Senate amendment contained a provision (sec. 1033)
that would authorize appropriations for the military continuing
education programs of the armed services, and for adult members
of military families stationed or residing outside the United
States.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Assistance to local educational agencies that benefit dependents of
members of the armed forces and Department of Defense civilian
employees (sec. 1074)
The House bill contained a provision (sec. 394) that
would authorize the appropriation of $58.0 million for
assistance to local educational agencies in areas where there
is an impact to school systems caused by dependents of members
of the armed forces and Department of Defense (DOD) civilians.
The Senate amendment contained a provision (sec. 387)
that would prohibit the Secretary of Education from considering
payments to a local educational agency from DOD funds when
determining the amount of impact aid to be paid from Department
of Education funds. Additionally, the recommended provision
would make technical changes to the previous year
authorizations of impact aid.
The conferees agree to combine and clarify the two
provisions and to change the authorized funding to $35.0
million.
Sharing of personnel of Department of Defense domestic dependent
schools and defense dependents' education system (sec. 1075)
The Senate amendment contained a provision (sec. 335)
that would authorize the Secretary of Defense to direct the
sharing of personnel resources between the Department of
Defense Overseas School System and the Defense Dependents'
Education System, and to provide other support services to
either system, for a period to be prescribed by the Secretary.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Increase in reserve component Montgomery GI Bill educational assistance
allowance with respect to skills or specialties for which there
is a critical shortage of personnel (sec. 1076)
The House bill contained a provision (sec. 553) that
would authorize increased rates of educational assistance
allowance for reserve members with specialties or skills in
which there are critical shortages.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would expand
the authority to include certain former active duty personnel
with critical specialties or skills who become members of a
selected reserve unit.
Date for annual report on reserve component Montgomery GI Bill
educational assistance program (sec. 1077)
The Senate amendment contained a provision (sec. 1035)
that would change the date on which the annual report on
selected reserve educational assistance program is due to the
Congress, from December 15 to March 1 of each year.
The House bill contained no similar provision.
The House recedes.
Scope of the education programs of Community College of the Air Force
(sec. 1078)
The Senate amendment contained a provision (sec. 1034)
that would amend section 9315 of title 10, United States Code,
to limit the scope of the Community College of the Air Force
(CCAF) to Air Force personnel.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees do not consider expanding the CCAF as an
appropriate means of establishing a defense-wide community
college. If the Secretary of Defense believes that
establishment of a defense-wide community college is
appropriate, he should forward such a recommendation, complete
with justification, to the Congress.
Amendments to education loan repayment programs (sec. 1079)
The House bill contained a provision (sec. 554) that
would authorize the repayment of loans that were made under the
William D. Ford Federal Direct Loan Program.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle H--Other Matters
Termination and modification of authorities regarding national defense
technology and industrial base, defense reinvestment, and
defense conversion programs (sec. 1081)
The House bill contained a provision (sec. 1031) that
would repeal portions of chapter 148 of title 10, United States
Code, that would establish authorities similar to those
provided elsewhere in law.
The Senate amendment contained a similar provision (sec.
221).
The conferees agree to a provision that would adopt both
House and Senate provisions, with an amendment. The conferees
have included a provision that would repeal subsection 2501 (b)
and sections 2512, 2513, 2516, 2520, 2521, 2522, 2523, and 2524
of title 10, United States Code. The provision would also amend
section 2525 of title 10, United States Code, by adding a
series of guidelines to the requirement for the preparation of
the manufacturing science and technology master plan. Finally,
the conferees have included language that would modify the
defense dual-use critical technology program authorized by
section 2511 of title 10, United States Code. In using the
authority under this section, the conferees expect the
Secretary of Defense to give equal consideration to the
development of both product and process technologies.
Ammunition industrial base (sec. 1082)
The Senate amendment contained a provision (sec. 823)
that would require the Secretary of Defense to review
ammunition procurement and management programs and report the
findings to the congressional defense committees by April 1,
1996.
The House bill contained no similar provision.
The House recedes.
Policy concerning excess defense industrial capacity (sec. 1083)
The House bill contained a provision (sec. 1033) that
would prohibit the use of appropriated funds for capital
investment in, or the development and construction of, a
government-owned, government-operated defense industrial
facility unless the Secretary of Defense certifies to Congress
that no similar capability or minimally used capability exists
in another similar facility.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment.
Sense of Congress concerning access to secondary school student
information for recruiting purposes (sec. 1084)
The Senate amendment contained a provision (sec. 1091)
that would express the sense of the Senate that educational
institutions, including secondary schools, should not deny
military recruiters the same access to their campuses and
directory information that is allowed other employers.
The House bill contained no similar provision.
The House recedes with an amendment expressing the sense
of Congress.
Disclosure of information concerning unaccounted for United States
personnel from the Korean Conflict, the Vietnam Era and the
Cold War (sec. 1085)
The conference agreement includes a provision that would
modify section 1082 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190) to change
the criteria under which limitations to disclosure of
information concerning United States personnel classified as
prisoner of war or missing in action during the Vietnam
conflict would not apply and to change the date by which a
report is required to be delivered to the Congress.
Operational support airlift aircraft fleet (sec. 1086)
The Senate amendment contained a provision (sec. 1099E)
that would require the Secretary of Defense to submit a Joint
Chiefs of Staff report on operational support aircraft (OSA) to
the congressional defense committees, and to reduce the flying
hours of such aircraft in fiscal year 1996.
The House bill contained no similar provision.
The House recedes with an amendment that would require
the Secretary to examine central scheduling and management of
such aircraft in the report.
The conferees believe that the review of OSA operations
should focus on savings and scheduling rationalization. The
conferees believe that the Department of Defense can achieve
efficiencies by revamping the current OSA program, and have
included a reduction in OSA flying hours for fiscal year 1996
in this provision.
While prior studies of OSA organization have recommended
realigning OSA management, the conferees refrain from directing
the Department to make specific organizational changes at this
time.
Civil Reserve Air Fleet (sec. 1087)
The House bill contained a provision (sec. 387) that
would clarify the conditions under which a contractor under the
Civil Reserve Air Fleet program is required to commit aircraft
for use by the Department of Defense.
The Senate amendment contained a similar provision (sec.
814).
The House recedes.
Damage or loss to personal property due to emergency evacuation or
extraordinary circumstances (sec. 1088)
The Senate amendment contained a provision (sec. 1087)
that would provide for an increased level of reimbursement for
claims that arise from emergency evacuations or extraordinary
circumstances. The new limits would be retroactive to June 1,
1991.
The House contained no similar provision.
The House recedes with an amendment that would provide
for retroactive application of the increased level of
reimbursement when certain conditions are met.
Authority to suspend or terminate collection actions against deceased
members (sec. 1089)
The Senate amendment contained a provision (sec. 1086)
that would amend section 3711 of title 31, United States Code,
to authorize the Secretary of Defense to suspend or terminate
collection action against the estates of service members who
die on active duty while indebted to the government.
The House bill contained no similar provision.
The House recedes.
Check cashing and exchange transactions for dependents of United States
Government personnel (sec. 1090)
The Senate amendment contained a provision (sec. 1088)
that would authorize United States disbursing personnel to
extend check-cashing and currency exchange services to the
dependents of military and civilian personnel at government
installations that do not have adequate banking facilities.
The House bill contained no similar provision.
The House recedes with a technical amendment.
National Maritime Center (sec. 1091)
The Senate amendment contained a provision (sec. 1099D)
that would designate the Nauticus building, located at one
Waterside Drive, Norfolk, Virginia, as the National Maritime
Center.
The House bill contained no similar provision.
The House recedes.
Sense of Congress regarding historic preservation of Midway Islands
(sec. 1092)
The Senate amendment contained a provision (sec. 1099b)
that would express the sense of the Senate that Midway Island
be memorialized and the historic structures relating to the
Battle of Midway be maintained in accordance with the National
Historic Preservation Act.
The House bill contained no similar provision.
The House recedes with an amendment that would make the
provision a Sense of the Congress.
Sense of the Senate regarding federal spending (sec. 1093)
The Senate amendment contained a provision (sec. 1095)
that would express a sense of the Senate regarding federal
spending.
The House bill contained no similar provision.
The House recedes.
Extension of authority for vessel war risk insurance (sec. 1094)
The conferees agree to a new provision that would amend
section 1214 of the Merchant Marine Act, 1936 (46 App. U.S.C.
1294) to extend the Secretary of Transportation's authority to
provide insurance against loss or damage as a result of marine
war risks from June 30, 1995 to June 30, 2000. The conferees
acknowledge the cooperation of the Committee on Commerce,
Science, and Transportation of the Senate, the committee of
jurisdiction in the Senate, for permitting inclusion of this
important authority in the National Defense Authorization Act
for Fiscal Year 1996.
legislative provisions not adopted
Application of Buy America Act principles
The House bill contained a provision (sec. 1035) that
would apply Buy American principles to reciprocal defense
procurement memoranda of understanding with other countries.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note that section 849 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160) contains identical language that is the operative law in
this area.
Repeal of requirements for part-time career opportunity employment
reports
The Senate amendment contained a provision (sec. 339)
that would eliminate the requirement in section 3407 of title
5, United States Code, that agencies provide progress reports
on the part-time career employment program.
The House bill contained no similar provision.
The Senate recedes.
Holidays for employees whose basic work week is other than Monday
through Friday
The Senate amendment contained a provision (sec. 342)
that would amend section 6103(b)(2) of title 5, United States
Code, to authorize agencies some discretion in designating
holidays for employees whose basic work week is other than
Monday through Friday.
The House bill contained no similar provision.
The Senate recedes.
Assistance to Customs Service
The Senate amendment included a provision (sec. 1023)
that would authorize the Department of Defense to procure or
transfer funds to the Customs service for procurement of non-
intrusive inspection devices for use at the ports of entry on
the southwest border of the United States.
The House bill contained no similar provision.
The Senate recedes. The conferees agree, as stated
elsewhere in this statement of managers, to urge the Secretary
of Defense to procure non-intrusive inspection devices with
funds available through reprogramming procedures.
Establishment of Junior ROTC units in Indian reservation schools
The Senate amendment contained a provision (sec. 1036)
that would express the Sense of the Congress that secondary
schools on Indian reservations be afforded full opportunity to
be selected as locations for establishing new Junior Reserve
Officers' Training Corps units.
The House bill contained no similar provision.
The Senate recedes.
The conferees agree that current law affords full
opportunity for secondary schools on Indian reservations to be
selected as locations for establishing new Junior Reserve
Officers' Training Corps units.
Defense cooperation between the United States and Israel
The Senate amendment contained a provision (sec. 1055)
that would express the Sense of Congress for continued
cooperation between the United States and Israel in military
and technical areas.
The House bill contained no similar provision.
The Senate recedes. The conferees note that a provision
virtually identical to that contained in the Senate amendment
exists in the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337). The conferees recognize the
numerous benefits to the United States resulting from our
strategic relationship with Israel. The conferees strongly
commend the United States' continuing commitment to maintaining
Israel's qualitative edge over any combination of adversaries.
Despite the great progress made in the Middle East peace
process, Israel continues to face an unstable and highly
dangerous environment, compounded by the proliferation of
weapons of mass destruction and ballistic missiles.
International military education and training
The Senate amendment contained a provision (sec. 1058)
that would, subject to the provisions of the Foreign Assistance
Act of 1961, grant discretionary authority to the Secretary of
Defense to provide up to $20.0 million for the provision of
international military education and training (IMET) for
countries allied and friendly with the United States.
The House bill contained no similar provision.
The Senate recedes.
The conferees strongly support Department of Defense
funding for and management of the IMET program. IMET is a
unique military program that fosters military-to-military
relationships and contributes to greater inter-operability and
coalition-building with the military organizations of allied
and friendly nations. IMET has suffered in recent years from
being part of the State Department's budget which has become
increasingly unpopular with the American public and their
elected representatives. The conferees are pleased to note,
however, that the Foreign Operations Appropriations Conference
Report for Fiscal Year 1996 fully funds the administration's
IMET request.
The conferees intend to address this matter next year
with a view towards transferring budgetary and execution
responsibility for IMET to the Department of Defense.
Accordingly, the conferees encourage the Secretary of Defense
and the Secretary of State to work out a process for such a
transfer to ensure smooth and effective functioning with robust
future funding.
Sense of the Senate on protection of United States from ballistic
missile attack
The Senate amendment contained a provision (sec. 1062)
that would express the Sense of the Senate that all Americans
should be protected from accidental, intentional, or limited
ballistic missile attack, and that front line troops of the
United States should be protected from missile attacks. The
Senate provision would also provide funding for the Corps
surface-to-air missile (SAM) program.
The House bill contained no similar provision.
The Senate recedes. Although the conferees fully support
the views expressed in the Senate provision, they believe that
such views are adequately represented elsewhere in the
conference report. The conferees also address the Corps SAM
issue elsewhere in the conference report.
Travel of disabled veterans on military aircraft
The Senate amendment contained a provision (sec. 1089)
that would permit veterans eligible for compensation for a
service-connected disability the same entitlement to space-
available transportation as retired members of the Armed
Forces.
The House bill contained no similar provision.
The Senate recedes.
The conferees note the unreliable nature of space-
available flight, and that such flights would normally involve
cargo-type aircraft, which are not equipped for handicapped
access, seating and care. The conferees agree that concerns for
the safety of disabled veterans were overriding in this
decision.
Transportation of crippled children in the Pacific Rim region to Hawaii
for medical care
The Senate amendment contained a provision (sec. 1090)
that would authorize the Secretary of Defense to permit space-
available transportation of crippled children in the Pacific
Rim region to Hawaii for medical care in non-military medical
facilities.
The House bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to conduct
a study, consulting with the Shriners Hospitals in the Pacific
region, to determine the viability and potential liabilities of
such a program. The report should be provided to the Senate
Committee on Armed Services and the House Committee on National
Security not later than May 1, 1996.
Sense of Senate regarding Ethics Committee investigations
The Senate amendment contained a provision (sec. 1094)
expressing the Sense of the Senate concerning proceedings
before the Senate Ethics Committee with respect to Senator
Packwood.
The House bill contained no similar provision.
The Senate recedes.
Title XI--Uniform Code of Military Justice
LEGISLATIVE PROVISIONS
LEGISLATIVE PROVISIONS ADOPTED
References to Uniform Code of Military Justice (sec. 1102)
The House bill contained a provision (sec. 541) that
would clarify references to the Uniform Code of Military
Justice in the bill.
The Senate amendment contained an identical provision
(sec. 521).
The conference agreement includes this provision.
Subtitle A--Offenses
Refusal to testify before courts-martial (sec. 1111)
The Senate amendment contained a provision (sec. 524)
that would provide Federal District Courts the same power to
punish individuals who fail to appear at courts-martial as they
currently have to punish individuals who do not appear in
civilian cases.
The House bill contained no similar provision.
The House recedes.
Flight from apprehension (sec. 1112)
The House bill contained a provision (sec. 544) that
would make it clear that the offense of ``resisting
apprehension'' under Article 95 of the Uniform Code of Military
Justice includes flight from apprehension.
The Senate amendment contained an identical provision
(sec. 531).
The conference agreement includes this provision.
Carnal knowledge (sec. 1113)
The Senate amendment contained a provision (sec. 532)
that would amend Article 120(b) of the Uniform Code of Military
Justice (10 U.S.C. 920 (b)) by making the crime of carnal
knowledge gender neutral, bringing Article 120 into conformance
with the Sexual Abuse Act of 1986. The provision also would add
an affirmative defense of mistake of fact to conform Article
120 to federal civilian law (18 U.S.C. 2243).
The House bill contained a similar provision (sec. 545).
The House recedes.
Subtitle B--Sentences
Effective date for forfeitures of pay and allowances and reductions in
grade by sentence of court-martial (secs. 1121 and 1122)
The Senate amendment contained provisions (secs. 526(a)
and 526(b)) that would require those portions of a court-
martial sentence extending to forfeiture of pay and allowances
or reduction in grade to be effective 14 days after the date
the sentence is adjudged or upon approval by the convening
authority, whichever occurs earlier. The amendment would also
require that sentences containing a punitive discharge, death,
or more than 6 months confinement, result in total forfeitures
of pay and allowances. If an accused were to make application
to the convening authority, the forfeitures of pay and
allowances, or reduction in grade or both could be deferred
until the date on which the sentence is approved. Also under
this provision, when convening authorities take action on
sentences, any or all of the forfeitures of pay and allowances
to be forfeited could be used to provide transitional
compensation for the dependents of the accused.
The House bill contained a similar provision (sec. 542).
The House recedes with an amendment which would apply the
automatic forfeitures to a sentence of death, punitive
discharge, or confinement in excess of six months. The
forfeiture in the case of a special court-martial would be
limited to two-thirds of the pay due, which is the maximum
punishment limitation of a special court-martial.
Deferment of confinement (sec. 1123)
The Senate amendment contained a provision (sec. 527)
that would allow for the deferment of confinement adjudged by
courts-martial in two situations beyond those authorized under
current law. One would permit deferment of confinement while
the case is being reviewed by the United States Court of
Appeals for the Armed Forces under Article 67(a)(2). The other
circumstance that would lead to deferment concerns individuals
who are serving civilian confinement while they have a sentence
pending that has been adjudged by a court-martial. The Senate
amendment would defer the running of the court-martial sentence
until completion of the civilian sentence, if the convening
authority so directs.
The House bill contained no similar amendment.
The House recedes.
Subtitle C--Pretrial and Post-Trial Actions
Article 32 investigations (sec. 1131)
The Senate amendment contained a provision (sec. 523)
that would revise the procedures for authorizing investigation
of misconduct uncovered during a pretrial investigation under
Article 32 of the Uniform Code of Military Justice.
The House bill contained no similar provision.
The House recedes. Under Article 32 of the Uniform Code
of Military Justice, a formal pretrial investigation is
conducted when a court-martial convening authority refers
charges to an Article 32 investigating officer. Under current
law, if the Article 32 officer uncovers evidence of additional
misconduct in the course of the investigation, the information
must be provided to the convening authority and then referred
back to the Article 32 officer before it can be investigated by
the Article 32 investigating officer.
The conferees agree that current law should be changed to
permit the investigating officer to investigate new misconduct
uncovered during the Article 32 investigation without requiring
further administrative action by the convening authority. This
change should reduce the time, delay, and administrative burden
associated with obtaining the convening authority's approval
for investigation of additional misconduct. The conferees
emphasize, however, that the additional misconduct may not be
investigated under Article 32 unless the accused is afforded
the same rights as under current law with respect to
investigation of the charges, presentation of evidence in
defense or mitigation, and cross-examination as apply to the
charges that were the basis of the Article 32 investigation.
Submission of matters to the convening authority for consideration
(sec. 1132)
The Senate amendment contained a provision (sec. 528)
that would require all post-trial material submitted to the
convening authority by the accused to be in writing. Current
law does not specify the medium for such submissions.
The House bill contained no similar provision.
The House recedes. The conferees agree that the intent of
this section is not to restrict the accused's communications
with the convening authority, but to ensure that formal
submissions under Article 60(b) are made through a standard
medium. The convening authority, in his or her discretion, may
take into consideration other communications by the accused,
such as a personal appearance or a videotape. The convening
authority, however, is not required to review such other
matters under Article 60, and a convening authority's decision
to refuse consideration of matters other than written
submissions is not subject to review. The conferees direct the
Secretary of Defense to ensure that the explanatory
``Discussion'' accompanying the Manual for Courts-Martial
reflect that this amendment does not restrict the ability of
the convening authority to consider communications from the
accused that are not written submissions.
Commitment of accused to treatment facility by reason of lack of mental
capacity or mental reponsibility (sec. 1133)
The Senate amendment contained a provision (sec. 525)
that would establish procedures for handling individuals who
are mentally incompetent to stand trial or found not guilty by
reason of lack of mental reponsibility.
The House bill contained no similar provision.
The House recedes.
This provision is in no way intended to conflict with
Rule 706 of the Rules for Courts-Martial. To the extent that
there is a provisions overlap, section 706 should be reviewed
to make certain that it conforms with the new provision.
Subtitle D--Appellate Matters
Appeals by the United States (sec. 1141)
The Senate amendment contained a provision (sec. 530)
that would apply to courts-martial the same protections with
regard to classified information as apply to orders or rulings
issued in Federal District Courts under the Classified
Information Procedures Act (18 U.S.C. App. 7). This section
incorporates Senate amendment section 522 concerning certain
definitions.
The House bill contained no similar provision.
The House recedes with an amendment.
Repeal of termination of authority for Chief Justice of United States
to designate Article III judges for temporary service on Court
of Appeals for the Armed Forces. (sec. 1142)
The House bill contained a provision (sec. 549) that
would make permanent the authority of the Chief Justice of the
United States to fill temporary vacancies on the United States
Court of Appeals for the Armed Forces. Section 1301 of the
National Defense Authorization Act for Fiscal Years 1990 and
1991 authorized the Chief Judge of the United States Court of
Appeals for the Armed Forces to request the Chief Justice to
make such appointments through September 30, 1995. This
provision would eliminate the ``sunset'' provision.
The Senate amendment contained a similar provision (sec.
535).
The Senate recedes.
Subtitle E--Other Matters
Advisory committee on criminal law jurisdiction over civilians
accompanying the Armed Forces in time of armed conflict (sec.
1151)
The Senate amendment contained a provision (sec. 536)
that would create an advisory panel to determine which courts
should have criminal jurisdiction over civilians accompanying
the military outside the United States during times of armed
conflict, including conflicts other than a declared war.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Time after accession for initial instruction in the Uniform Code of
Military Justice (sec. 1152)
The House bill contained a provision (sec. 546) that
would increase the time after accession for initial instruction
in the Uniform Code of Military Justice.
The Senate amendment (sec. 533) contained an identical
provision.
The conference agreement includes this provision.
Technical amendment (sec. 1153)
The House bill contained a provision (sec. 550) that
would amend article 66(f) of the Uniform Code of Military
Justice (10 U.S.C. 866) by striking out ``Courts of Military
Review'' in both places it appears, and inserting in lieu
thereof ``Courts of Criminal Appeals.''
The Senate amendment contained an identical provision
(sec. 534).
The conference agreement includes this provision.
legislative provisions not adopted
Persons who may appear before the United States Court of Appeals for
the Armed Forces
The House bill contained a provision (sec. 547) that
would provide that only attorneys and properly certified law
students could practice and appear before the United States
Court of Appeals for the Armed Forces.
The Senate amendment contained no similar provision.
The House recedes. The conferees believe that the
question of who should be authorized to appear before the Court
of Appeals for the Armed Forces normally should be addressed
through the rules promulgated by the court, rather than through
legislation. The conferees are concerned, however, that the
Court has permitted undergraduate students to appear before the
Court as amicus curiae. However laudable it may be to afford
such students practical experience appearing before a federal
court, the conferees believe such considerations are outweighed
by the requirement that the Court of Appeals for the Armed
Forces maintain the highest standards of judicial practice and
procedure. The conferees are aware that the Court presently has
this matter under review and look forward to a change in the
Court's rules of procedure that will obviate the need for
legislation on this subject.
Discretionary representation by government appellate defense counsel in
petitioning the Supreme Court for writ of certiorari
The House bill contained a provision (sec. 548) that
would amend section 870 of title 10, United States Code, to
provide that representations of an accused, in the preparation
of a petition for a writ of certiorari before the United States
Supreme Court, shall be at the discretion of military appellate
defense counsel. Current law requires appellate defense counsel
to represent the accused before the Supreme Court when
requested by the accused.
The Senate amendment contained no similar provision.
The House recedes.
Proceedings in revision
The Senate amendment contained a provision (sec. 529)
that would authorize a proceeding in revision at courts-martial
prior to authentication of the record under certain conditions.
The House bill contained no similar provision.
The Senate recedes.
Title XII--Cooperative Threat Reduction With States of Former Soviet
Union
legislative provisions
legislative provisions adopted
Cooperative threat reduction program (secs. 1201-1209)
The budget request included $371.0 million in defense
operation and maintenance for the Cooperative Threat Reduction
(CTR) Program.
The House bill contained provisions (secs. 1101-1108)
related to the CTR program that would include the following:
authorize $200.0 million for the CTR program, a $171.0 million
reduction to the budget request (sec. 1101); place specific
limitations on all CTR programs for fiscal year 1996 (sec.
1102); repeal authority for the Demilitarization Enterprise
Fund (DEF) (sec. 1103); prohibit the use of CTR funds for
peacekeeping exercises and related activities with Russia (sec.
1104); revise authority for assistance for weapons destruction
(sec. 1105); require prior notice of obligation of funds (sec.
1106); require an annual accountability report to ensure that
assistance is being used for its intended purpose (sec. 1107);
and prohibit the obligation or expenditure of fiscal year 1996
funds until the President provides written certification to
Congress that Russia has terminated its offensive biological
weapons program.
The Senate amendment included several provisions (sec.
1041-1044) related to the CTR program that would include the
following: authorize $365.0 million for the CTR program, a $6.0
million reduction to the budget request (sec. 1041); limit the
obligation of CTR funds that would assist nuclear weapons
scientists in the former Soviet Union, pending a written
certification from the Secretary of Defense that funds would
not contribute to the modernization of strategic nuclear forces
or for research, development or production of weapons of mass
destruction (sec. 1042); limit the obligation of $50.0 million,
pending a written certification from the President that Russia
is in compliance with its obligations under the Biological
Weapons Convention (BWC); and limit the use of more than $52.0
million of fiscal year 1996 funds available for CTR, pending a
presidential certification that a joint laboratory study to
evaluate the Russian neutralization proposal has been completed
and the United States agrees with that proposal, that Russia is
in the process of preparing a comprehensive destruction and
dismantlement plan for its chemical weapons stockpile, and that
Russia is committed to resolving outstanding issues under the
1989 Wyoming Memorandum of Understanding and the 1990 Bilateral
Destruction Agreement.
The conferees agree to the CTR provisions, as follows:
authorize $300.0 million in fiscal year 1996 for CTR and place
limitations on the CTR projects in fiscal year 1996; provide
authority for individual limitations to be exceeded by a
specified percentage; authorize use of CTR funds to reimburse
pay accounts for U.S. military reserve members participating in
CTR activities; prohibit the use of CTR funds for peacekeeping
activities and related activities with Russia; require a
presidential determination that each recipient country is
observing the criteria for assistance provided under the CTR
program; require the Secretary of Defense to provide
congressional defense committees with advance notification of
obligation of funds; require an annual audit and examination
report; limit assistance to nuclear weapons scientists; and
limit the obligation of $60.0 million in fiscal year 1996 CTR
funds for Russia, pending presidential certification that
Russia is complying with its BWC obligations and that Russia
has agreed to, and implemented, agreements and visits per the
September 14, 1992 Joint Statement on Biological Weapons and
that visits to the four declared military biological facilities
of Russia by officials of the U.S. and United Kingdom have
occurred. If the President is unable to certify Russian
compliance with its BWC obligations, or that visits agreed to
under the Joint Statement have not occurred, he may certify
that fact and related funds would then be available for
strategic offensive weapons elimination in Ukraine, Kazakhstan
or Belarus. The provision would also prohibit obligation of
more than half the funds authorized for chemical weapons
destruction-related activities in Russia, pending a
presidential certification.
The conferees direct that none of the funds authorized
for CTR in fiscal year 1996 may be used to reimburse other
departments and agencies for the travel and other expenses
incurred by employees of those departments and agencies, even
if those employees are engaged in CTR-related activities.
The Conventional Forces in Europe (CFE) Treaty requires
signatories to be in full compliance with their obligations to
reduce treaty limited equipment by November 16, 1995. The
Russian government has generally been in overall compliance
with its obligations since the treaty has been in force
provisionally. Russia's compliance with the limits in the
northern and southern flank zones has caused concern for a
number of the signatories. Russian officials have indicated
that they will not be in compliance with the flank limits in
these zones because of the instability along their southern
borders.
If Russia refuses to honor its legal and political
obligations under the CFE Treaty, the conferees question the
ability of the President to certify Russia's commitment to
complying with its arms control obligations, necessary to make
it eligible to receive CTR assistance. Further, the conferees
believe that the President would only be in a position to
certify Russia's commitment to comply with its arms control
obligations under the following circumstances: (1) through an
agreement to comply with a NATO-endorsed flank limit proposal
and substantial progress toward withdrawing any excess
equipment by the May 1996 Treaty Review Conference; (2)
demonstrated fulfillment of obligations to meet agreed-upon
reductions in levels of military equipment in the naval
infantry and coastal defense forces, and in holdings east of
the Ural mountains; and (3) through an agreement on an offset
package that would add to the flank limit proposal additional
verification measures, additional information sharing
arrangements on the flank areas, and additional constraints on
Treaty-limited equipment contained in areas formerly defined as
flank areas.
Title XIII--Matters Relating to Other Nations
Items of Special Interest
Waiver of foreign assistance reimbursement requirements to the
Department of Defense and the armed forces
The conferees are concerned about the inadequate funding
in the fiscal year 1996 international affairs budget for
activities identified by the administration as presidential
priorities, such as drawdown authority for defense articles and
services for Jordan and the transfer of non-lethal defense
articles to Central European countries.
While the conferees are generally supportive of both
activities, the conferees do not support efforts to waive
requirements under Sections 519(f) and 632(d) of the Foreign
Assistance Act of 1961. Those provisions of the Foreign
Assistance Act require reimbursement of the Department of
Defense and military services for costs to transport defense
articles, or replace defense items that are not excess to the
military services.
The conferees appreciate the role that Jordan played in
the Middle East peace process and believe that the Government
of Jordan should have the defense items, services, and military
training, that would enable them to protect their borders and
respond to terrorist threats. However, the conferees are
concerned by the use of defense funds to pay for this
authority.
In a letter supporting the special drawdown authority for
Jordan, the Secretary of Defense stated that military readiness
would suffer unless the non-excess defense items are replaced
and the military services are reimbursed for transportation and
other costs. The conferees direct the Secretary of Defense to
provide a report to the congressional defense committees 60
days after enactment of this Act that would address the cost to
replace non-excess defense items provided to Jordan and an
identification of funds included in the President's fiscal year
1997 budget for this purpose.
legislative provisions
legislative provisions adopted
Subtitle A--Peacekeeping Provisions
Placement of United States forces under United Nations operational or
tactical control (sec. 1301)
The House bill contained a provision (sec. 1201) that
would limit the use of Department of Defense funds and the
circumstances under which the President could commit U.S. armed
forces to United nations (UN) command and control, and provide
exceptions under which armed forces could be placed under UN
command and control. The President would be required to certify
to the Congress, prior to the placement of U.S. armed forces
under UN command and control, the following: that U.S. national
security interests require the placement of Armed Forces under
UN command and control; that U.S. armed forces commander would
retain the right to report independently to U.S. military
authorities and decline orders that are illegal, militarily
imprudent, or beyond the scope of the mission; that U.S. forces
would remain under U.S. administrative command; and that U.S.
forces involved would retain the authority to withdraw and take
necessary protective actions, if engaged by hostile forces.
The Senate amendment contained a provision (sec. 1061)
that would express the sense of Congress that: U.S. armed
forces should not be placed under the operational control of
the UN without close and prior consultation with Congress; U.S.
armed forces should only be placed under UN command and control
when clearly in the national interest; U.S. armed forces should
only be placed under qualified commanders with clear and
effective command and control; and that U.S. armed forces
should only be placed under operational control of foreign
commanders in peace enforcement missions, except in the most
extraordinary circumstances.
The conferees agree to consolidate the significant
elements of both the House bill and the Senate amendment. In
comparison to the provision contained in the House bill, the
new provision would narrow the required Presidential
certification standard to one that would establish: the
existence of U.S. national security interests and narrow the
definition for UN command and control to exclude conditions
where the senior U.S. commander does not have adequate
independent authority over subordinate U.S. forces; drop the
required report on the constitutionality of placing U.S. forces
under UN command and control and the certification requirement
that U.S. commanders retain the right to decline to obey orders
deemed to be ``militarily imprudent.''
The conferees remain gravely concerned over the
administration's stated willingness, as articulated by
Presidential Decision Directive 25, to place U.S. forces under
UN operational control during peacekeeping operations. The
conferees are pleased to note that the administration's
planning assumption for a proposed peacekeeping deployment to
Bosnia does not contemplate any such arrangement. The conferees
strongly urge the Secretary of Defense to ensure that clearly
defined and effective command and control relationships are
established for any planned U.S. forces participation in such
deployments.
Limitation on use of Department of Defense funds for international
peacekeeping assessments and drawdown of Department of Defense
articles (sec. 1302)
The House bill contained a provision (sec. 1202) that
would amend chapter 20 of title 10, United States Code, to
prohibit the use of Department of Defense funds for voluntary
or assessed financial contributions to the United Nations for
the United States share of peacekeeping costs, effective
October 1, 1995.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle B--Humanitarian Assistance Programs
Overseas humanitarian, disaster, and civic aid (secs. 1311-1312)
The House bill contained a provision (sec. 1211) that
would specify five programs operated by the Department of
Defense to be funded through the budget account known as
Overseas Humanitarian, Disaster, and Civic Aid (OHDACA).
The House bill also contained a provision (sec. 1212)
that would eliminate the current authority to transfer funds
from DOD to the Department of State to provide for the
administrative costs associated with the transportation of
humanitarian supplies. In addition, this provision would remove
the Secretary of State's authority over the DOD's program for
the transportation of humanitarian relief, and it would provide
for technical changes to the existing reporting requirements
for the DOD's humanitarian programs.
The Senate amendment contained a provision (sec. 365)
that would require the General Accounting Office (GAO) to
submit a report to Congress on existing funding mechanisms that
would facilitate the funding of programs within the OHDACA
account through the Department of State or the Agency for
International Development. If such mechanisms do not currently
exist, the GAO would be required to identify those actions
necessary to institute such mechanisms.
The conference agreement includes these provisions.
The conferees agree that although the DOD is uniquely
capable of performing some humanitarian or disaster relief
operations, these operations are fundamentally the
responsibility of the Department of State and the Agency for
International Development and, in general, are more
appropriately funded through these agencies. Therefore, the
conferees have reduced the amount of DOD funds available to the
OHDACA account for fiscal year 1996 and have requested that the
GAO provide a report that would identify necessary changes in
existing law or regulations to transfer the funding
responsibility for these programs, where appropriate, to other
federal agencies, beginning in fiscal year 1997.
Landmine clearance program (sec. 1313)
The House bill contained a provision (sec. 1213) that
would amend humanitarian and civic assistance authorities in
section 401 of title 10 United States Code to include
humanitarian demining activities.
The Senate amendment contained a provision (sec. 1054)
that would amend section 1413 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337) to
include the following: require the Secretary of Defense to
certify to the Congress that humanitarian activities satisfy
military training requirements for the personnel involved;
authorize $20.0 million in fiscal year 1996 for the
humanitarian landmine clearing assistance program; terminate
authority for the Department of Defense to provide funds for
the humanitarian landmine clearing assistance program after
fiscal year 1996; and revise the definition of a landmine.
The conferees agree to a provision that would amend
section 401 of title 10 United States Code to include
humanitarian demining activities; limit activities of United
States military personnel participating in humanitarian
landmine clearing activities; and, repeal section 1413 of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337).
Unlike other types of humanitarian and civic assistance
activities, the conferees realize that the activities of
detection and clearing of landmines will often be the sole or
primary focus of the military operation in question. In such
cases, the approving authority would have to determine that the
specific operational readiness skills of the participating
United States forces--usually special operations forces whose
skills are based upon the activities listed in section 167(j)
of title 10, United States Code--will be promoted by
participation in those activities.
Subtitle C--Arms Export and Military Assistance
Defense export loan guarantees (sec. 1321)
The House bill contained a provision (sec. 1224) that
would require the Secretary of Defense to create a defense
export loan guarantee program for certain eligible countries.
The Senate amendment contained a similar provision (sec.
1053) with different criteria for eligible countries.
The House recedes with an amendment that would authorize
use of fees generated under the program for payment of start-up
costs for administration of the program and for payment of
ongoing administrative expenses. The conferees intend to
monitor the administration of this program closely to ensure
that the method of funding the administrative fees does not
impact the process of approval of the loan guarantees.
National security implications of United States export control policy
(sec. 1322-1323)
The Senate amendment contained a provision (sec. 1052)
that would express the sense of Congress regarding the national
security implications of maintaining effective export controls
on dual-use items and technologies that are critical to the
military capabilities of the United States. This provision
would require the Department to review export licenses for
class 2, 3, and 4 biological pathogens with a potential use in
biological warfare programs and to determine if export would be
contrary to U.S. national security interests.
The House bill did not contain a similar provision.
The House recedes. The conferees concur with concerns
identified in the Senate report (S. Rept 104-112) that the
lowering of export controls on dual-use items and technologies
may place current U.S. technologies and defense capabilities at
risk. The conferees continue to be concerned with
administration support for admittance of nations into the
Missile Technology Control Regime (MTCR) and the New Forum
absent a record of compliance with the spirit of these regimes
prior to their inclusion.
Two years ago in the House report (H. Rept. 103-357), the
conferees expressed concern that ``. . . loosening the
restrictions on space launch vehicle technology within the MTCR
could, over time, result in the proliferation of offensive
ballistic missiles . . .'' and expressed particular concern
about the new MTCR members being permitted to retain space
launch vehicle programs. Despite written administration
assurances that Congress would be consulted on MTCR-related
issues, to include the addition of new members, the conferees
were disappointed to learn in the summer of 1995 that new
countries would be admitted to the MTCR, despite retention of a
SLV program and a history of evading program controls. The
conferees believe that the current administration approach
facilitates a growing and perhaps irreversible danger that the
MTCR, despite its auspicious early history, will increasingly
become an avenue for technology proliferation.
The conferees strongly encourage the administration to
emphasize the use of controls on sensitive technologies in any
new administration proposals to reauthorize the Export
Administration Act, and that no attempts be made to repeal or
substantially alter the missile sanction provisions in Title
XVII of the National Defense Authorization Act for Fiscal Year
1991, as was the case in the administration proposal submitted
in the last Congress.
American firms are conducting discussions and
negotiations with a number of foreign governments, or other
entities, on the purchase of high-resolution U.S. commercial
reconnaissance and imaging satellites and high-resolution
imagery or imagery distribution systems. The conferees
understand that the Secretary of Defense is authorized under
Presidential Directive/National Security Council-23 and the
Remote Sensing Act of 1992 to determine when national security
interests call for controls on such satellite imagery. The
Secretary of State is similarly empowered to determine when
international obligations would require imagery controls. The
conferees emphasize the following: that determinations on
national security and international obligations should be
communicated to U.S. firms in discussions regarding issuance of
operating licenses to U.S. firms, to the extent such
determinations can be made in advance of the actual operation
of the satellites; that the Secretary of Defense or the
Secretary of State should ensure that license agreements and
distribution agreements include adequate provisions to ensure
that the sharing of imagery or procurement of U.S. commercial
imagery systems or products with foreign governments or foreign
entities would not be used against U.S. military forces
deployed overseas; and that provisions in the license
agreements should deny terrorist governments and entities
controlled by these governments access to imagery of
neighboring countries. The conferees continue to be concerned
that the national security issues involved in the proliferation
of high-resolution satellites and satellite imagery have not
been adequately thought through by the executive branch and
hope that the report mandated by this section will serve to
clarify DoD policy on these issues.
The conferees also note the recent decision to relax
export restrictions on supercomputers and are concerned about
the potential impact of this decision on the United States'
nonproliferation efforts and the maintenance of the U.S.
military technological edge. The conferees direct the Secretary
of Defense to submit a report, not later than December 31,
1995, that describes the impact of the export decision on the
ability of nations to acquire and use high-performance
computing capabilities to develop advanced conventional
weaponry, weapons of mass destruction, and delivery vehicles,
including missiles.
Reports on arms export control and military assistance (sec. 1324)
The Senate amendment contained a provision (sec. 1064)
that would require the following reports to be submitted to
Congress: (1) a report by the Secretary of State on the firms
that are on the Department of State watch list for export of
sensitive or dual use technologies, and a description of the
measures taken to strengthen United States export controls; (2)
an evaluation of the watch list screening process by the
Department of State Inspector General; and (3) an annual report
on the aggregate dollar value and quantity of defense articles,
services, and military education and training furnished by the
United States to each foreign country and international
organization.
The House bill did not contain a similar provision.
The conferees agree to a provision that would require the
Department of State and the Department of Commerce, in
consultation with the Department of Defense, to report jointly
to the Congress on United States export control mechanisms and
measures taken to strengthen export controls. The provision
would also require the President to submit a report to Congress
on military assistance and military exports authorized or
furnished to foreign countries and international organizations.
Report on personnel requirements for control of transfer of certain
weapons (sec. 1325)
The Senate amendment contained a provision (sec. 1093)
that would require the Secretary of Defense and the Secretary
of Energy to report to the Congress on the personnel resources
necessary to implement nonproliferation policy responsibilities
of both departments and would require both Secretaries to
explain the failure to provide the report, as previously
required by legislation.
The House bill did not contain a similar provision.
The House recedes.
Subtitle D--Burdensharing and Other Cooperative Activities Involving
Allies and NATO
Accounting for burdensharing contributions (sec. 1331)
The House bill contained a provision (sec. 1225) that
would authorize the United States to accept burdensharing
contributions in the currency of the host nation or in United
States dollars. This provision would maintain this funding in a
separate account that would be available until expended.
The Senate bill contained no similar provision.
The Senate recedes.
Authority to accept contributions for expenses of relocation within
host nations of United States armed forces overseas (sec. 1332)
The House bill contained a provision (sec. 1226) that
would establish authorization and procedures to accept
contributions from host nations for the purpose of relocating
United States armed forces within the host nation.
The Senate amendment contained no similar provision.
The Senate recedes.
Revised goal for allied share of costs for United States installations
in Europe (sec. 1333)
The House bill contained a provision (sec. 1228) that
would require the Department of Defense to reduce United States
military personnel assigned in European North Atlantic Treaty
Organization (NATO) countries during fiscal years 1996-1999.
Military personnel would be reduced by 1,000 for each scheduled
percentage point that allied contributions in cash and in-kind
payments fail to offset U.S. non-personnel costs of operating
military installations in Europe.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment.
The conferees agree to a provision that would amend
section 1304 of the National Defense Authorization Act of 1995
(Public Law 103-337) to require the President to seek an
agreement with European member states of NATO to increase to
42.5 percent by September 30, 1997 their share of the
nonpersonnel costs for United States military installations in
those nations.
Exclusion of certain forces from European end strength limitation (sec.
1334)
The conference agreement includes a provision that would
exclude personnel performing duties in Europe for more than 179
days under a military-to-military contact program.
Cooperative research and development agreements with NATO organizations
(sec. 1335)
The Senate bill contained a provision (sec. 1051) that
would make a technical and conforming amendment to section
2350b of title 10, United States Code, to make it consistent
with section 2350a, which was amended in the National Defense
Authorization Act for Fiscal Year 1995.
The House bill did not contain a similar provision.
The House recedes.
Support services for the Navy at the Port of Haifa (sec. 1336)
The Senate amendment contained a provision (sec. 1056)
that would express the sense of Congress that the Secretary of
the Navy should promptly undertake actions to:
(1) improve the services available to the Navy at
the Port of Haifa; and
(2) ensure that the continuing increase in
commercial activities at the Port of Haifa does not
have an adverse impact on the services required by the
Navy at Haifa.
The House bill contained no similar provision.
The House recedes with an amendment.
Subtitle E--Other Matters
Prohibition on financial assistance to terrorist countries (sec. 1341)
The Senate amendment contained a provision (sec. 1057)
that would prohibit the use of any Department of Defense funds
to assist nations that support acts of terrorism. A
determination to prohibit funds may be based on a determination
by the Secretary of State under section 6(j)(1)(A) of the
Export Administration Act of 1979; or that a nation provided
significant support for international terrorism, as identified
in a report to Congress, pursuant to section 140 of the Foreign
Relations Authorization Act, Fiscal Year 1988 and 1989; or a
determination by the President that a nation has supported
international terrorism or has granted sanctuary from
prosecution to a group or individual that has committed an act
of international terrorism.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Judicial assistance to the International Tribunal for Yugoslavia and to
the International Tribunal for Rwanda (sec. 1342)
The Senate amendment contained a provision (sec. 1098)
that would provide authority for the United States to surrender
persons and provide judicial assistance to the International
Tribunals for Yugoslavia and Rwanda, pursuant to the agreement
between the Government of the United States and the
International Tribunals.
The House bill did not contain a similar provision.
The House recedes with a technical amendment.
United States-China Joint Defense Conversion Commission (sec. 1343)
The House bill included a provision (sec. 1223) that
would prohibit the use of funds authorized in fiscal year 1996
for the Department of Defense activities associated with the
United States-People's Republic of China Joint Defense
Conversion Commission.
The Senate bill did not include a similar provision.
The House recedes with an amendment.
The conferees agree to a provision that would require the
Secretary of Defense to submit semi-annual reports to Congress
on the United States-People's Republic of China (PRC) Joint
Defense Conversion Commission. The report shall include: a
description of activities that could directly, or indirectly,
assist the military modernization efforts of the PRC;
information on the activities and operations of the Commission;
a discussion of the relationship of PRC defense conversion
activities and PRC defense modernization efforts; steps taken
by the United States to safeguard against use of western
technology to modernize the PRC military industrial base; and
an assessment of U.S. benefits derived from participation in
the commission, to include an increase in the transparency of
the military budget and doctrine of the PRC. In preparing the
reports required by this section, the Secretary shall seek and
obtain the views of appropriate U.S. intelligence agencies and
shall be consulted on the matters assessed in the reports and
those views shall be included as an annex to the reports.
The conferees agree that a continued dialogue on security
matters between the United States and the PRC can promote
stability in the region, and help protect American interests
and the interests of America's Asian allies. The conferees note
that the Senate Armed Services Committee and the House National
Security Committee intend to review the status of the U.S.-PRC
security dialogue on a regular basis to determine the extent to
which the dialogue has produced tangible results in the areas
of human rights, transparency in military spending and
doctrine, missile and nuclear nonproliferation, and other
important security issues.
Title XIV--Arms Control Matters
LEGISLATIVE PROVISIONS
legislative provisions adopted
Revision of definition of landmine for purposes of landmine export
moratorium (sec. 1401)
The House bill contained a provision (sec. 1221) that
would amend the definition of ``anti-personnel landmine'',
contained in section 1423(d)(3) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160), by
deleting ``remote controlled, manually-emplaced munitions or
devices''.
The Senate amendment contained a provision (sec. 1054)
that would include a subsection to redefine the definition of
an antipersonnel landmine.
The conferees agree to an amendment that would amend
section 1423(d) of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160), to redefine an
antipersonnel landmine to exclude command detonated anti-
personnel landmines, such as M18A1 ``Claymore'' mines, from the
definition.
Reports on and certification requirement concerning moratorium on use
by Armed Forces of antipersonnel landmines (sec. 1402)
The Senate amendment contained a provision (sec. 1099)
that would express the sense of Congress that the President
should actively support proposals to modify protocol II on
landmines in the 1980 Conventional Weapons Convention at the
United Nations Conference, to immediately implement the United
States goal of eventual elimination of antipersonnel landmines,
and place a one year moratorium on the use of antipersonnel
landmines by the United States military, except along
internationally recognized borders and demilitarized zones.
Consistent with the provision, the President should also
encourage governments of other nations to implement a
moratorium on the use of antipersonnel landmines.
The House bill did not contain a similar provision.
The House recedes with amendment.
The conferees agree to a provision that would require the
Chairman of the Joint Chiefs of Staff to provide an annual
report to Congress on the projected effects of a moratorium on
the defensive use of antipersonnel landmines and antitank mines
by the United States military forces. The provision would also
require a certification by the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
prior to implementation of a legislated moratorium, that the
moratorium will not adversely affect United States military
forces defensive capabilities, and that effective substitutes
for antipersonnel landmines are available to the U.S. military
forces.
Extension and amendment of counterproliferation authorities (sec. 1403)
The House bill contained a provision (sec. 1222) that
would extend, through fiscal year 1996, the authorities in
section 1505 of title XV of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484). The provision
would authorize the Department of Defense to provide up to
$15.0 million to support international nonproliferation
activities, such as, the United Nations Special Commission on
Iraq (UNSCOM). Authority for the Secretary of Defense to
provide assistance under this section would terminate at the
end of fiscal year 1996.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees understand that the extension of authority
in fiscal year 1996 for the Department of Defense support of
international nonproliferation activities would be used
primarily to support the United Nations Special Commission on
Iraq (UNSCOM). The conferees do not intend to provide the
Department of Defense with authority to use defense funds to
support chemical weapons and ballistic missile dismantlement,
nuclear materials control and removal, or to destroy weapons of
mass destruction and their delivery systems in foreign
countries, such as Brazil, South Africa, or countries in Africa
or the Middle East generally. These disarmament activities are
more appropriately funded from the international affairs
budget. Authorities for dismantlement of weapons of mass
destruction in the former Soviet Union are provided elsewhere
in this Act.
In accordance with the conference report to accompany the
National Defense Authorization Act for Fiscal Year 1994, the
conferees direct the Secretary of Defense to provide to the
congressional defense committees, 30 days in advance of any
U.S. commitment to support international nonproliferation
activities, a report on the international nonproliferation
activities which the Department seeks to support. The report
should identify potential future funding for this support, the
extent to which the United States is obligated to provide such
support, the extent to which funds are provided for in the
international affairs budget, and the national security
objective for providing the support.
Limitation on retirement or dismantlement of strategic nuclear delivery
systems (sec. 1404)
The Senate amendment contained a provision (sec. 1082)
that would express the sense of Congress that until the START
II Treaty enters into force, the Secretary of Defense should
not retire or dismantle any B-52H bombers, Trident ballistic
missile submarines, Minuteman III intercontinental ballistic
missiles (ICBMs), or Peacekeeper ICBMs. The provision would
also prohibit the use of funds appropriated to the Department
of Defense during fiscal year 1996 for retiring or dismantling
any such systems.
The House bill contained a similar provision (sec. 1229)
that would express the sense of Congress that the Secretary of
Defense should not implement any reduction in strategic forces
that is called for in the START II Treaty unless and until that
treaty enters into force.
The House recedes.
The conferees reiterate the importance of not having the
United States unilaterally and prematurely begin to implement
reductions under the START II Treaty. Until it is clear that
the treaty will actually enter into force, the United States
must retain options for maintaining a larger force of strategic
nuclear delivery systems, to include 500 Minuteman III ICBMs,
50 Peacekeeper ICBM's 18 Trident II ballistic missile
submarines, and 94 B-52H bombers. The conferees believe that by
retaining such options, the United States increases Russia's
incentives to ratify and fully implement the START II Treaty.
Additionally, the conferees believe that it is prudent to
delay, beyond fiscal year 1996, the decision to retire or
dismantle 28 B-52H bombers, as currently planned by the
Department of Defense. At the same time, the conferees do not
believe that the Air Force should take any action that prejudge
a decision in fiscal year 1997 to retire or dismantle those 28
B-52H bombers. Therefore, the conferees direct the Secretary of
Defense to retain 94 B-52H bombers during fiscal year 1996,
while minimizing additional expenditures on the 28 aircraft
that may be retired in the near future.
The conferees understood that the Air Force would require
$17.4 million in procurement funds, $45.3 million in operations
and maintenance funds, and $4.3 million in military personnel
funds to retain the 28 B-52H bombers in a fully operational
status and to provide them with system updates and
modifications. The conferees believe that with system updates
and modifications. The conferees believe that this level of
funding may not be required merely to preserve the option of
retaining the 28 aircraft for one more year. In particular, it
may not be necessary to expand procurement funds on aircraft
that may be retired in fiscal year 1997. Therefore, the
conferees agree to authorize the use of up to $17.4 million in
Air Force procurement funds, up to $45.3 million in Air Force
operations and maintenance funds, and up to $4.3 million in Air
Force personnel funds to retain in an attrition reserve status
the 28 B-52H bombers that would otherwise be retired in fiscal
year 1996.
Congressional findings and Sense of Congress concerning treaty
violations (sec. 1405)
The House bill contained a provision (sec. 1227) that
would express a sense of Congress that the government of the
former Soviet Union intentionally violated its legal obligation
under the 1972 Anti-Ballistic Missile Treaty in order to
advance its national security interests, and that the United
States should remain vigilant to ensure compliance with arms
control obligations.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment that would
outline the legislative history behind the provision.
Sense of Congress on ratification of the Chemical Weapons Convention
and the Strategic Arms Reduction Talks (sec. 1406)
The House bill contained a provision (sec. 1230) that
would express the sense of Congress that the United States
should ratify the Chemical Weapons Convention (CWC) as a signal
of its commitment to reduce the threat posed by chemical
weapons.
The Senate amendment contained a provision (sec. 1099F)
that would express the sense of Congress that it is in the
national security interests of the United States and Russia, as
signatories of the Strategic Arms Reduction Talks (START II),
and the United States and all parties to the Chemical Weapons
Convention (CWC), to ratify and fully implement the agreements,
as negotiated.
The conferees agree to a provision that would express the
sense of Congress that it is in the national security interests
of the United States, that the United States and Russia, as
parties to START II and the CWC, and all other signatories to
the CWC, to ratify and fully implement these arms control
agreements, as negotiated.
The conferees note that a full Senate debate on the
ratification of START and the CWC treaties has not taken place.
It is not the intention of the Congress, through this
provision, to predetermine the outcome of the Senate debate on
the advice and consent to ratification of the two arms control
treaties.
Implementation of arms control agreements (sec. 1407)
The budget request included $261.9 million in
procurement, operation and maintenance, and research and
development in the defense and military service accounts for
the implementation of arms control agreements.
The Senate amendment contained a provision (sec. 1060)
that would authorize $228.9 million for implementing arms
control agreements, a $33.0 million reduction to the budget
request. The provision would also prohibit the use of defense
funds to reimburse expenses of signatories to arms control
treaties, other than the United States, pursuant to treaties or
agreements with the United States that have entered into force,
if the Congress has not received 30-day notice prior to
agreement between the parties.
The House bill did not contain a similar provision, but
would provide $261.9 million for implementation of arms control
agreements.
The House recedes with an amendment that would make
available up to $239.9 million for implementing arms control
agreements, a $22.0 million reduction to the budget request.
The reductions are reflected in the following table. The
conferees endorse the views stated in the Senate report (S.
Rept. 104-112), that reiterate the concern expressed in the
conference report accompanying the National Defense
Authorization Act for Fiscal Year 1994 (H. Rept. 103-357). That
conference report required the Congress to be notified 30 days
in advance of a U.S. agreement to accept the recommendations of
any consultative commissions that result in either technical
changes to a treaty or agreement affecting inspections and
monitoring provisions, or that result in increased U.S.
implementation costs.
The conferees limit the expenditure of funds to provide
reimbursement for arms control implementation inspections costs
borne by the inspected party to a treaty or agreement. Funds
may only be expended if the Congress has been notified 30 days
in advance of an agreement by the President to a policy or
policy agreement, and that policy or policy agreement does not
modify any obligation imposed by the arms control agreement.
The provision would not prohibit the use of funds to
implement two policy agreements under the Intermediate-Range
Nuclear Forces (INF) Treaty and strategic Arms Reductions
Treaty (START), concluded in May 1994 and February 1995. The
conferees understand that the Department of Defense agreed to
reimburse Belarus, Kazakhstan, and Ukraine for the costs of
U.S. inspections conducted within those territories for each
six-month period, expenses for which those countries are
obligated under the treaties, if Belarus, Kazakhstan, and
Ukraine do not conduct inspections in the United States.
Further, the conferees understand that if Belarus, Kazakhstan,
or Ukraine conduct an inspection of a U.S. facility, the U.S.
will not provide reimbursement during the applicable six-month
time period.
The Intermediate Range Nuclear Forces Treaty and
Strategic Arms Reduction Treaty permit the United States to
conduct inspections to verify compliance with the treaties
within the territories of Belarus, Kazakhstan, and Ukraine. The
conferees are concerned about assertions by the administration
that failure to reimburse Belarus, Kazakhstan, and Ukraine
would prevent the United States from conducting INF and START
inspections in these countries in the future. The Senate
provided its advice and consent to ratification of INF and
START based on the ability of the United States to fully
exercise its inspection rights.
In a September 21, 1994 letter from the Secretary of
Defense to Congress, the Secretary emphasized that the policy
statements exchanged between the United States and the three
Parties expressed ``. . . strictly a policy understanding.'' He
also stated ``that they are not legally binding'' and that no
treaty provisions would be changed. Further, the Secretary
stated ``[T]he Administration would not consider this to be a
precedent for any other area of START implementation.''
The conferees express their continuing concern that arms
control consultative commissions are being used to facilitate
changes or modifications to arms control treaties and
agreements that should be brought to the Senate for its review
and subsequent advice and consent. There may be very good
reasons for changes in implementation of specific arms control
treaties or agreements. However, if a change or modification to
the treaty or agreement would result in a change to the
understanding under which the Senate provided its advice and
consent to ratification, the Congress must be consulted about
the recommended change or modification in advance of any
agreement in the consultative commissions, and must provide its
subsequent agreement to the change or modification.
FISCAL YEAR 1996 ARMS CONTROL IMPLEMENTATION BUDGET
----------------------------------------------------------------------------------------------------------------
Account Program Request Recomm Rec Auth
----------------------------------------------------------------------------------------------------------------
WPN.......................................... Arms control compliance......... 14.800 0.000 14.800
OPAF......................................... Spares & repairs................ 0.467 0.000 0.467
PDA.......................................... OSIA............................ 2.941 0.000 2.941
RDT&E, AF.................................... Arms control implementation..... 0.998 0.000 0.998
RDT&E, DA.................................... Ver tech dem, DNA (603711)...... 33.971 0.000 33.971
O&M, Army.................................... ................................ 40.778 -6.000 34.778
O&M, Navy.................................... ................................ 35.354 -2.000 33.354
O&M, AF...................................... ................................ 34.645 -2.000 32.645
O&M, DA...................................... OSIA............................ 97.987 -12.000 85.987
--------------------------------
Total.................................... ................................ 261.941 -22.000 239.941
----------------------------------------------------------------------------------------------------------------
Iran and Iraq arms nonproliferation (sec. 1408)
The Senate amendment included a provision (sec. 1063)
that would amend sections 1604(a) and 1605(a) of Title XVI of
the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484), to apply sanctions and controls to
persons or countries who transfer or retransfer goods or
technology that would contribute to the Iran or Iraq efforts to
acquire chemical, biological, or nuclear weapons, in addition
to sanctions and controls on the acquisition of destabilizing
advanced conventional weapons. The provision would also amend
section 1608(7) to clarify the meaning of ``United States
assistance'' to conform to the definition of such term in the
Foreign Assistance Act of 1961 (section 2151 et seq. of Title
10, United States Code).
The House bill did not contain a similar provision.
The House recedes with an amendment.
The conferees also agree to an amendment to section
73(e)(2) of the Arms Export Control Act (section 2797b(e)(2) of
title 22, United States Code) that would require that the
notification of certain waivers under the Missile Technology
Control Regime procedures be submitted to the congressional
defense committees and the congressional foreign relations
committees, not less than 45 working days before issuance of
the waiver.
Title XV--Technical and Clerical Amendments
legislative provisions
legislative provisions adopted
Technical and clerical amendments (sec. 1501-1506)
The Senate amendment contained eight sections (secs. 1101
through 1108) that made numerous technical and clerical
amendments to existing laws.
The House bill contained no similar provision.
The House recedes.
Title XVI--Corporation for the Promotion of Rifle Practice and Firearms
Safety
legislative provisions
legislative provisions adopted
Corporation for the Promotion of Rifle Practice and Firearms Safety
(secs. 1601-1624)
The House bill contained a provision (sec. 384) that
would convert the Civilian Marksmanship Program (CMP) to a
federally chartered nonprofit corporation.
The Senate amendment contained a similar provision (sec.
385) that would convert the CMP to a nonappropriated fund
instrumentality.
The Senate recedes with an amendment that would convert
the CMP to a private, nonprofit corporation. The provision
would require the Secretary of the Army to provide for the
transition of the CMP from an appropriated fund activity of the
Department of Defense to a viable nonprofit corporation.
The conferees recognize the value of the CMP, and believe
the program should continue as a non-federal government entity.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
overview
The budget request for fiscal year 1996 included
$10,697,955,000 for military construction and family housing.
The House bill would authorize $11,197,995,000 for
military construction and family housing.
The Senate amendment would provide $10,902,988,000 for
this purpose.
The conferees recommend authorization of appropriations
of $11,177,009,000 for military construction and family
housing, including general reductions and termination of prior
year projects.
The conferees are deeply concerned about the current
quality of facilities at military installations and the
condition of the housing stock for military families and
unaccompanied personnel. The conferees are concerned about the
possible long-term deleterious effects of deteriorating
military infrastructure and military housing on the readiness
of the armed forces and the retention of personnel. The
conferees are especially concerned about the backlog of
construction, repair, and maintenance required to resolve
serious problems affecting the quality of life for personnel
and their families. The increases in funding recommended by the
conferees is targeted at enhancing quality of life programs,
particularly housing and needed operational requirements for
the military services.
The conferees are pleased with the attention the
Secretary of Defense has devoted to improving family housing,
housing for unaccompanied personnel, and other quality of life
improvements. The conferees note the Secretary's proposal to
establish new authorities for alternative means to construct or
improve military housing. The conferees have worked closely
with the Secretary in the development of the proposal and have
agreed to include these authorities in this Act.
The conferees have also included a provision to expand
the authority previously granted to the Department of the Navy
to enter into limited partnerships with the private sector to
acquire family housing. The conferees note the efforts of the
Navy to utilize existing authority to provide critically needed
housing in Corpus Christi, Texas and Everett, Washington. The
conferees understand that agreements to provide housing in
those two locations may be ready for contract execution in
fiscal year 1996.
In addition to these new initiatives, the conferees also
support a pilot program that provides qualified junior enlisted
and junior officer personnel with greater access to private
home ownership opportunities through an interest rate buydown
program managed by the Department of Veterans' Affairs. The
conferees encourage the Secretary of Defense to promote this
program and to continue exploring creative ways to stimulate
interest in and availability of home ownership among
servicemembers.
The conferees recognize that these authorities have the
long-term potential to produce critically needed housing for
the armed forces. To rectify immediate problems, the conferees
recommend $417,169,000 above the Administration's budget
request for family housing, unaccompanied personnel housing,
child development centers, health care facilities, and other
projects to enhance the quality of life for currently serving
personnel.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
Title XXI--Army
fiscal year 1996
Overview
The House bill would authorize $2,167,190,000 for Army
military construction and family housing programs for fiscal
year 1996.
The Senate amendment would authorize $2,027,613,000 for
this purpose.
The conferees recommend authorization of $2,147,427,000
for Army military construction and family housing for fiscal
year 1996.
The conferees agree to a general reduction of $6,385,000
in the authorization of appropriations for the Army military
construction account. The general reduction is to be offset by
savings from favorable bids, reduction in overhead costs, and
cancellation of projects due to force structure changes. The
general reduction shall not cancel any military construction
authorized by title XXI of this Act.
Planning and design, Army
The conferees direct that, within authorized amounts for
planning and design, the Secretary of the Army conduct planning
and design activities for the following project:
Pohakuloa Training Site, Hawaii, Road Improvement--
$2,000,000.
The conferees note that this project is required to
correct hazardous road conditions which impact readiness. The
conferees urge the Secretary to make every effort to include
this project in the fiscal year 1997 budget request.
Aerial Port and Intermediate Staging Base, The National Training
Center, Fort Irwin, California
The budget request included no military construction
funds to expand the airport at Barstow-Daggett, California, to
meet the operational and training requirements of the National
Training Center, Fort Irwin, California.
The House bill would authorize $10.0 million for phase II
of the Barstow-Daggett expansion project.
The Senate amendment included no funding for phase II of
this project.
The conferees agree to authorize $10.0 million for phase
II of the Barstow-Daggett expansion project, contingent upon
the Secretary of Defense's certification that the project best
meets the operational and training requirements of the National
Training Center, Fort Irwin, California.
legislative provisions
legislative provisions adopted
Improvements to military family housing units (sec. 2103)
The conferees direct that, within authorized amounts for
construction improvements of military family housing and
facilities, the Secretary of the Army execute the following
projects:
Fort Wainwright, Alaska, Whole Neighborhood
Revitalization--$7,300,000.
Fort Campbell, Kentucky, Whole Neighborhood
Revitalization--$17,356,000.
Fort Bragg, North Carolina, Whole Neighborhood
Revitalization--$10,000,000.
legislative provisions not adopted
Reduction in amounts authorized to be appropriated for fiscal year 1992
military construction projects
The Senate amendment contained a provision (sec. 2105)
that would rescind $6.25 million from the amount authorized for
the Department of the Army in section 2105 of the National
Defense Authorization Act for Fiscal Year 1992 (Public Law 102-
190).
The House bill amendment contained no similar provision.
The Senate recedes.
Title XXII--Navy
fiscal year 1996
Overview
The House bill would authorize $2,164,861,000 for Navy
military construction and family housing programs for fiscal
year 1996.
The Senate amendment would authorize $2,077,459,000 for
this purpose.
The conferees recommend authorization of $2,119,317,000
for Navy military construction and family housing for fiscal
year 1996.
The conferees agree to a general reduction of $6,385,000
in the authorization of appropriations for the Navy military
construction account. The general reduction is to be offset by
savings from favorable bids, reduction in overhead costs, and
cancellation of projects due to force structure changes. The
general reduction shall not cancel and military construction
authorized by title XXII of this Act.
Planning and design, Navy
The conferees direct that, within authorized amounts for
planning and design, the Secretary of the Navy conduct planning
and design activities for the following projects:
Naval Station, Mayport, Florida, Wharf Improvements--
$2,340,000.
Naval Air Station, Fallon, Nevada, Galley--$50,000.
Naval Air Station, Fallon, Nevada, Child Development
Center--$150,000.
The conferees note that the projects at Naval Air
Station, Fallon, Nevada, are necessary to correct facility
deficiencies which impact readiness, quality of life, and
productivity. The conferees urge the Secretary to make every
effort to include these projects in the fiscal year 1997 budget
request.
Improvements to military family housing units (sec. 2203)
The conferees direct that, within authorized amounts for
construction improvements of military family housing and
facilities, the Secretary of the Navy execute the following
projects:
Naval Station, Mayport, Florida, Whole House
Revitalization--$7,300,000.
Public Works Center, Great Lakes, Illinois, Whole House
Revitalization--$15,300,000.
Naval Education Training Command, Newport, Rhode Island,
Whole House Improvements--$8,795,000.
Marine Corps Air Station, Beaufort, South Carolina, Whole
House Rehabilitation--$6,784,000.
Naval Submarine Base, Bangor, Washington, Construction
Improvements--$4,890,000.
legislative provisions
legislative provisions adopted
Revision of fiscal year 1995 authorization of appropriations to clarify
availability of funds for large anechoic chamber, Patuxent
River Naval Warfare Center, Maryland (sec. 2205)
The Senate amendment contained a provision (sec. 2205)
that would amend section 2204 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-307) to
authorize the $10.0 million appropriated for the Large Anechoic
Chamber Facility at the Naval Air Warfare Center, Patuxent
River, Maryland in the Military Construction Appropriations Act
for Fiscal Year 1995 (Public Law 103-307).
The Senate provision would permit the Navy to proceed
with the award of a contract in the amount of $30.0 million for
the first phase of the $61.0 million project.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Authority to carry out land acquisition project, Hampton Roads,
Virginia (sec. 2206)
The Senate amendment contained a provision (sec. 2206)
that would amend section 2201(a) of the National Defense
Authorization Act for Fiscal Year 1993 to authorize the
Secretary of the Navy to acquire 191 acres of land in Hampton
Roads, Virginia. This acquisition is in addition to the land
acquisition at Dam Neck, Virginia, authorized in the National
Defense Authorization Act for Fiscal Year 1993.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees direct the Secretary of Navy to make every
possible attempt to acquire both parcels of land using the $4.5
million previously authorized. If additional funds are
required, the conferees expect the Secretary to utilize cost
variation and reprogramming procedures.
Acquisition of land, Henderson Hall, Arlington, Virginia (sec. 2207)
The Senate amendment contained a provision (sec. 2207)
that would authorize the Secretary of the Navy to acquire a
0.75 acre parcel of land located at Henderson Hall, Arlington,
Virginia. The parcel, which is currently occupied by an
abandoned and vandalized mausoleum, is required to construct a
public works complex to support the Headquarters Battalion,
United States Marine Corps. The provision would authorize the
demolition of the mausoleum and the use of appropriated funds
to remove and provide appropriate disposal of the remains
abandoned in the mausoleum.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Acquisition or construction of military family housing in the vicinity
of San Diego, California (sec. 2208)
The conferees include a new section that would direct the
Secretary of the Treasury to make available, upon request from
the Secretary of the Navy, funds paid to the United States upon
final settlement in the case of Rossmoor Liquidating Trust,
initiated against the United States, in the United States
District Court for the Central District of California. From
those funds, the Secretary of the Navy would be authorized to
acquire or construct no more than 150 military family housing
units in the San Diego, California region for the Department of
the Navy. The authority would be subject to the expiration of a
21-day period, beginning on the day on which the Secretary
transmits to the congressional defense committees a report
containing the details of the contract to acquire or construct
the units authorized by this section.
Title XXIII--Air Force
fiscal year 1996
Overview
The House bill would authorize $1,727,557,000 for Air
Force military construction and family housing programs for
fiscal year 1996.
The Senate amendment would authorize $1,724,699,000 for
this purpose.
The conferees recommend authorization of $1,735,086,000
for Air Force military construction and family housing for
fiscal year 1996.
The conferees agree to a general reduction of $6,385,000
in the authorization of appropriations for the Air Force
military construction account. The general reduction is to be
offset by savings from favorable bids, reduction in overhead
costs, and cancellation of projects due to force structure
changes. The general reduction shall not cancel any military
construction authorized by title XXIII of this Act.
Improvements to military family housing units (sec. 2303)
The conferees direct that, within authorized amounts for
construction improvements of military family housing and
facilities, the Secretary of the Air Force execute the
following project:
Wright-Patterson Air Force Base, Ohio, Family Housing
Improvements
$5,900,000
items of special interest
Bonaire housing complex, Presque Isle, Maine
The conferees are aware of the economic impact and the
difficult redevelopment effort facing Limestone, Maine, as a
result of the closure of Loring Air Force Base. To ensure that
the community has maximum flexibility in its redevelopment
effort, the conferees direct the Secretary of the Air Force to
obtain written concurrence of the designated local reuse
authority, or its designee, before any land, tangible property
or interest in the Air Force property known as the Bonaire
housing complex in Presque Isle, Maine, is transferred to the
Department of Interior, or to any other entity. The conferees
believe that a cooperative effort should be maintained by all
parties seeking property and that the designated local
redevelopment authority is the most appropriate entity to
coordinate reuse efforts.
legislative provisions
legislative provisions adopted
Retention of accrued interest on funds deposited for construction of
family housing, Scott Air Force Base, Illinois (sec. 2305)
The House bill contained a provision (sec. 2305) that
would amend section 2310 of the Military Construction
Authorization Act for Fiscal Year 1994 (Division B of Public
Law 103-160) to permit the retention of accrued interest on
funds previously transferred to the County of St. Clair,
Illinois, for the purpose of constructing military family
housing at Scott Air Force Base. Upon completion of
construction all funds remaining, and any interest accrued
thereon, shall be deposited in the general fund of the United
States Treasury.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of the Air Force to submit to congressional
defense committees an annual report describing the amount of
interest accrued and retained by the County for the housing
project. The Secretary would be required to submit the report
by March 1 of each year, until the construction project is
completed.
legislative provisions not adopted
Reduction in amounts authorized to be appropriated for fiscal year 1992
military construction projects
The Senate amendment contained a provision (sec. 2305)
that would rescind $16.0 million from the amount authorized for
the Department of the Air Force in section 2305 of the National
Defense Authorization Act for Fiscal Year 1992 (Public Law 102-
190).
The House bill contained no similar provision.
The Senate recedes.
Title XXIV--Defense Agencies
fiscal year 1996
Overview
The House bill would authorize $4,692,463,000 for Defense
Agencies military construction and family housing programs for
fiscal year 1996.
The Senate amendment would authorize $4,456,883,000 for
this purpose.
The conferees recommend authorization of $4,629,491,000
for Air Force military construction and family housing for
fiscal year 1996.
legislative provisions
legislative provisions adopted
Military family housing private investment (sec. 2402)
The House bill contained a provision (sec. 2402) that
would authorize the Secretary of Defense to enter into
agreements to construct, acquire, and improve family housing,
for the purpose of encouraging private investment, in the
amount of $22,000,000.
The Senate amendment contained a similar provision.
The House recedes.
Energy conservation projects (sec. 2404)
The House bill contained a provision (sec. 2404) that
would authorize the Secretary of Defense to carry out energy
conservation projects using funds authorized pursuant to the
authorization of appropriations in section 2405.
The Senate amendment contained a similar provision.
The Senate recedes.
Limitations on use of Department of Defense Base Closure Account 1990
(sec. 2406)
The conferees include a new section that would prohibit
the obligation of funds authorized for appropriation in section
2405 (a)(10) of this Act, to carry out a construction project
with respect to military installations approved for closure or
realignment in 1995, until after the date the Secretary of
Defense submits to Congress a five-year program for executing
the 1995 base realignment and closure plan. The limitation
would not preclude any activities associated with environmental
cleanup activities or planning and design for such construction
projects.
Modification of authority to carry out fiscal year 1995 projects (sec.
2407)
The House bill contained a provision (sec. 2406) that
would amend the table in section 2401 of the Military
Construction Authorization Act for Fiscal Year 1995 (Division B
of Public Law 103-337) to provide for full authorization of
projects to support chemical weapons and munitions destruction
at Pine Bluff Arsenal, Arkansas and Umatilla Army Depot,
Oregon.
The Senate amendment contained a similar provision.
The Senate recedes.
Reduction in amounts authorized to be appropriated for fiscal year 1994
contingency construction projects (sec. 2408)
The Senate amendment contained a provision (sec. 2407)
that would terminate authorization of appropriations for prior
year projects including:
(1) $3.2 million from the amount authorized for the
Department of Defense in section 2405(a) of the Military
Construction Authorization Act for Fiscal Year 1991 (Division B
of Public Law 101-510);
(2) $6.8 million from the amount authorized for the
Department of Defense in section 2404(a) of the Military
Construction Authorization Act for Fiscal Year 1992 (Division B
of Public Law 102-190); and
(3) $8.6 million from the amount authorized for the
Department of Defense in section 2403(a) of the Military
Construction Authorization Act for Fiscal Year 1993 (Division B
of Public Law 102-484).
The House bill contained no similar provision.
The House recedes with an amendment that would reduce
$8.1 million from the amount authorized to be appropriated for
the Department of Defense in section 2403(a) of the Military
Construction Authorization Act for Fiscal Year 1994 (Division B
of Public Law 103-160).
LEGISLATIVE PROVISIONS NOT ADOPTED
Limitation of expenditures for a construction project at Umatilla Army
Depot, Oregon
The House bill contained a provision (sec. 2407) that
would prohibit the expenditure of funds prior to March 1, 1996,
for the construction of a chemical weapons and munitions
incinerator facility at Umatilla Army Depot, Oregon.
The Senate amendment contained no similar provision.
The House recedes.
Title XXV--North Atlantic Treaty Organizations Infrastructure
fiscal year 1996
Overview
The House bill would authorize $161,000,000 for the U.S.
contribution to the NATO Infrastructure program for fiscal year
1996.
The Senate amendment would authorize $179,000,000 for
this purpose.
The conferees authorize $161,000,000 for the U.S.
contribution to the NATO Infrastructure program.
legislative provisions
legislative provisions adopted
Authorization of appropriations, NATO (sec. 2502)
The House bill contained a provision (sec. 2502) that
would authorize funding for the North Atlantic Treaty
Organization Infrastructure program in the amount of $161.0
million.
The Senate amendment contained a provision (sec. 2502)
that would authorize funding for the North Atlantic Treaty
Organization Infrastructure program in the amount of $179.0
million.
The Senate recedes.
Title XXVI--Guard and Reserve Forces Facilities
fiscal year 1996
Overview
The House bill would authorize $284,924,000 for military
construction and land acquisition for fiscal year 1996 for the
National Guard and reserve components.
The Senate amendment would authorize $432,339,000 for
this purpose.
The conferees recommend authorization of $436,522,000 for
military construction and land acquisition for fiscal year
1996. This authorization would be distributed as follows:
Army National Guard................................. $134,802,000
Army Reserve........................................ 73,516,000
Naval/Marine Corps Reserve.......................... 19,055,000
Air National Guard.................................. 170,917,000
Air Force Reserve................................... 36,232,000
Planning and design, Guard and Reserve Forces
The conferees direct that, within authorized amounts for
planning and design, the Guard and Reserve Forces conduct
planning and design activities for the following projects:
Army Reserve:
Fort Dix, New Jersey, Intelligence Training Center.. $788,000
Army National Guard:
Lincoln, Nebraska, Medical Training Facility........ $200,000
Fort Dix, New Jersey, Technical Training Facility... $750,000
Billings, Montana, Armed Forces Reserve Center...... $1,200,000
Air National Guard:
Robins Air Force Base, Georgia, B-1 Site and Utility
Upgrades.......................................... $270,000
Hickam Air Force Base, Hawaii, Squadron Operations
Facility.......................................... $790,000
The conferees note that these projects are required to
accommodate new missions and to correct facility deficiencies
that impact readiness, quality of life, and productivity. The
conferees urge the service secretaries to make every effort to
include these projects in the fiscal year 1997 budget request.
legislative provisions
legislative provisions adopted
Reduction in amount authorized to be appropriated for fiscal year 1994
Air National Guard Projects (sec. 2602)
The Senate amendment contained a provision (sec. 2602)
that would rescind funds authorized for appropriation by the
National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160) for land acquisition for the Idaho Training Range.
The House bill contained no similar provision.
The House recedes.
Correction in authorized uses of funds for Army National Guard projects
in Mississippi (sec. 2603)
The House bill contained a provision (sec. 2602) that
would clarify amounts authorized to be appropriated in section
2601(1)(A) of the Military Construction Authorization Act for
Fiscal Year 1994 (Division B of Public Law 103-360) for the
addition or alteration of Army National Guard Armories at
various locations in the State of Mississippi. The House
provision would direct the use of authorized funds for the
addition, alteration, or new construction of armory facilities
and an operations and maintenance shop, including the
acquisition of land for such facilities at such locations.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct
the Secretary of the Army to submit a report to congressional
defense committees that would describe the intended use of
funds and to wait 21 days before any of the funds could be
obligated.
Title XXVIII--General Provisions
ITEMS OF SPECIAL INTEREST
Damage to facilities from Hurricane Opal
The conferees note that, on October 5, 1995, military
facilities in the Southeastern United States sustained damage
as a direct result of Hurricane Opal. The conferees direct the
Secretary of Defense to conduct a comprehensive assessment of
infrastructure and facilities at installations affected by
Hurricane Opal, to include: Fort Benning and Fort McPherson in
Georgia; Fort Rucker, Fort McClellan, and Anniston Army Depot
in Alabama; Tyndall Air Force Base, Eglin Air Force Base, and
Hulbert Field and facilities in and around Naval Air Station,
Pensacola, Florida. The Secretary shall submit a report on the
Department's findings to the congressional defense committees,
no later than February 15, 1996.
The assessment should include:
(1) a report on all property damage;
(2) the estimated cost to repair or replace damaged
or destroyed facilities;
(3) the impact on operations and readiness caused
by any loss of facilities;
(4) any actions taken to repair or replace damaged
or destroyed facilities; and
(5) recommendations for funding the required
facility repairs or replacements.
LEGISLATIVE PROVISIONS
LEGISLATIVE PROVISIONS ADOPTED
Subtitle A--Military Housing Privatization Initiative
Alternative authority for construction and improvement of military
housing (sec. 2801)
The House bill contained a provision (sec. 2801) that
would authorize a series of authorities, as alternative methods
of acquiring and improving family housing and support
facilities for the armed forces. Such authorities would include
the ability to contract and lease family housing. Use of the
authorities would be targeted at installations where there is a
shortage of suitable family housing. For housing acquired under
the authorities provided in this section, the unit size and
type limitations in current law would be waived to encourage
private sector development of military family housing. The
Department of Defense (DOD) would be authorized to contribute
up to 35 percent of the investment cost in any project. Such
investment could take a number of forms, including cash,
existing housing, and/or real property. The provision would
also establish the Defense Family Housing Improvement Fund as
the sole source of funding for projects constructed or
renovated under the authorities of this provision. The
provision would require DOD to submit a 21-day notice-and-wait
announcement to Congress before entering into contract
agreements associated with these new authorities and would
require DOD to submit a 30-day notice-and-wait announcement
before transferring funds from the family housing construction
accounts to the Fund. Each of the authorities contained in this
provision would expire on September 30, 2000.
The Senate amendment contained a similar provision (sec.
2811) that would expand the authorities to include acquisition
or renovation of unaccompanied housing on or near military
installations. The provision would also establish a Department
of Defense Housing Improvement Fund, for use as the sole source
to finance costs associated with the acquisition of housing and
support facilities.
The House recedes with an amendment that would establish
the Department of Defense Family Housing Improvement Fund and
the Department of Defense Military Unaccompanied Housing
Improvement Fund as the sources to finance costs associated
with the acquisition of housing and supporting facilities,
including costs defined in section 502(5) of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a(5)). The provision would also
establish certain reporting requirements for the DOD and would
limit the transfer of funds previously authorized and
appropriated to funds associated with the construction of
family housing or unaccompanied housing. The provision would
also limit the obligation of funds by DOD to $850.0 million for
family housing and $150.0 million for unaccompanied housing.
Expansion of authority for limited partnerships for development of
military family housing (sec. 2802)
The Senate amendment contained a provision (sec. 2807)
that would provide each of the military services with the
limited partnership authority provided to the Department of the
Navy by section 2803 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337). The provision would
also extend the expiration of the authority to September 30,
2000.
The House bill contained a similar provision.
The House recedes with a technical amendment.
Subtitle B--Other Military Construction Program and Military Family
Housing Changes
Special threshold for unspecified minor construction projects to
correct life, health, or safety deficiencies (sec. 2811)
The Senate amendment contained a provision (sec. 2801)
that would amend 2805 of title 10, United States Code, to
include as a minor military construction project any military
construction project intended solely to correct a life, health,
or safety deficiency, if the approved cost is equal to or less
than $3.0 million. The provision would authorize the
expenditure of operation and maintenance funds to carry out
projects to correct a life, health, or safety deficiency
costing no more than $1.0 million.
The House bill contained a similar provision.
The House recedes.
Clarification of scope of unspecified minor construction authority
(sec. 2812)
The Senate amendment contained a provision (sec. 2802)
that would amend section 2805(a)(1) of title 10, United States
Code, to clarify the definition of minor military construction.
The House bill contained a similar provision.
The House recedes.
Temporary authority to waive net floor area limitation for family
housing acquired in lieu of construction (sec. 2813)
The Senate amendment contained a provision (sec. 2803)
that would waive, for a five year period, beginning in fiscal
year 1996, the net floor area limitation established in section
2826 of title 10, United States Code, if existing family
housing is acquired in lieu of construction.
The House bill contained no similar provision.
The House recedes with an amendment that would give the
service secretary discretionary authority to waive the floor
limitation.
Reestablishment of authority to waive net floor area limitation on
acquisition by purchase of certain military family housing
(sec. 2814)
The Senate amendment contained a provision (sec. 2804)
that would make permanent section 2826(e) of title 10, United
States Code, that allows a waiver for a 20 percent increase in
the square footage limitation when acquiring, through purchase,
military family housing units for members of the Armed Forces
in pay grades below O-6.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Temporary authority to waive limitations on space by pay grade for
military family housing units (sec. 2815)
The Senate amendment contained a provision (sec. 2805)
that would waive section 2826 of title 10, United States Code,
for housing authorized for construction for five years,
beginning in fiscal year 1996. The waiver would permit the
construction of family housing units without regard to space
limitations, as long as the total number of housing units is
the same as authorized by law.
The House bill contained no similar provision.
The House recedes with an amendment that would give the
service secretary discretion to waive the authority for five
years beginning in fiscal year 1996.
Rental of family housing in foreign countries (sec. 2816)
The House bill contained a provision (sec. 2805) that
would authorize an increase in the number of high-cost family
housing units that may be leased in foreign countries.
The Senate amendment contained a similar provision.
The Senate recedes.
Clarification of scope of report requirement on cost increases under
contracts for military family housing construction (sec. 2817)
The Senate amendment contained a provision (sec. 2808)
that would amend section 2853 to title 10, United States Code,
by eliminating the requirement for congressional notification
on cost increases that exceed established limitations when the
increase is related to settlement of a court ordered contract
claim.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Authority to convey damaged or deteriorated military family housing
(sec. 2818)
The Senate amendment contained a provision (sec. 2809)
that would authorize the secretaries of the military
departments to sell, at fair market value, family housing
facilities at non-base closure installations that have
deteriorated beyond economical repair, or are no longer
required. The sale may include the parcel of land on which the
family housing facilities are located.
The provision directs that the proceeds from the sale of
the property be used to replace or revitalize housing at the
existing installation, or at another installation. The
provision also requires the secretary concerned to notify
Congress before proceeding with conveyance of family housing
facilities under this authority.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Energy and water conservation savings for the Department of Defense
(sec. 2819)
The Senate amendment contained a provision (sec. 2810)
that would amend section 2865 of title 10, United States Code,
to include water conservation in the Department of Defense's
comprehensive energy conservation plan.
The House bill contained no similar provision.
The House recedes.
Extension of authority to enter into leases of land for special
operations activities (sec. 2820)
The Senate amendment contained a provision (sec. 2812)
that would make permanent the authority provided in section
2680 of title 10, United States Code, which grants the
Secretary of Defense the authority to lease property required
for special operations activities conducted by the Special
Operations Command.
The House bill contained no similar provision.
The House recedes with an amendment that would extend the
authority to lease property required for special operations
until September 30, 2000.
Disposition of amounts recovered as a result of damage to real property
(sec. 2821)
The House bill contained a provision (sec. 2804) that
would authorize the military departments to retain the proceeds
recovered as a result of damages to real property instead of
depositing those proceeds into the miscellaneous receipts
account in the United States Treasury. Such proceeds would be
made available for repair or replacement of damages to real
property.
The Senate amendment contained no similar provision.
The Senate recedes.
Pilot program to provide interest rate buy down authority on loans for
housing within housing shortage areas at military installations
(sec. 2822)
The House bill contained a provision (sec. 2806) that
would authorize a three-year pilot program to provide
additional housing assistance to military personnel. Under the
program, as administered by the Secretary of Veterans Affairs
(VA), the VA would buy down the interest rate on VA home loans
for qualified applicants. The Secretary of Defense would
reimburse the VA for the costs of the interest rate buy down.
Authorization of the program would be limited to $10.0 million
and could only be utilized at military installations which the
Secretary of Defense considers to have a military family
housing deficit.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit the
scope of the program to active duty enlisted members, warrant
officers, and officers at a pay grade of O-3 and below.
Subtitle C--Defense Base Closure and Realignment
Deposit of proceeds from leases of property located at installations
being closed or realigned (sec. 2831)
The House bill contained a provision (sec. 2812) that
would authorize the Secretary of Defense to deposit proceeds
from leases of property located at installations being closed
or realigned into the relevant account established in the
Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526) or the Defense Base
Closure and Realignment Act of 1990 (Public Law 101-510).
The Senate amendment contained a similar provision.
The Senate recedes.
In-kind consideration for leases at installations to be closed or
realigned (sec. 2832)
The Senate amendment contained a provision (sec. 2821)
that would permit the service secretaries to accept in-kind
services (improvements, maintenance, protection, repair, or
restoration services performed on any portion of the
installation) from a lessee in lieu of cash rental payments for
leases of property that will be disposed of as a result of a
base closure or realignment.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Interim leases of property approved for closure or realignment (sec.
2833)
The Senate amendment contained a provision (sec. 2830B)
that would facilitate the use of limited term leases (one to
five years) by the Department of Defense in connection with
reuse of military installations selected for closure. The
provision would make it clear that any environmental impact
analysis prepared in connection with an interim lease of
Department of Defense property approved for closure or
realignment shall be limited to the scope of environmental
consequences related to the lease activities.
The House bill contained no similar provision.
The House recedes.
The conferees agree that under current law the Department
of Defense has been reluctant to enter into limited term leases
before an environmental review has been completed, pursuant to
the National Environmental Policy Act (42 U.S.C. 4321, et.
seq.), that would address the disposal of the entire
installation. Such concerns have impeded private sector use of
base closure property for short term capital investments.
Authority to lease property requiring environmental remediation at
installations approved for closure or realignment (sec. 2834)
The Senate amendment contained a provision (sec. 2824)
that would allow the Department of Defense to enter into long-
term lease agreements at military installations selected for
closure, while environmental restoration is ongoing.
Specifically, the section would provide that section
120(h)(3)(B) of the Comprehensive Environmental Response
Compensation and Liability Act of 1980 (CERCLA) (42 U.S.C.
9620(h)(3)(B)) does not apply to leases at Department of
Defense installations. The provision would also provide for
Environmental Protection Agency consultation on the
determination that property is suitable for lease in those
instances involving long term leases at installations approved
for closure under a base closure law.
The House bill contained no similar provision.
The House recedes.
The conferees agree that the provision is necessary to
ensure that the Department may enter into long-term leases
while cleanup is ongoing. The provision addresses a recent
federal district court decision that could undermine reuse
plans at military installations selected for closure with
similar reuse plans. The provision serves to clarify the
legislative intent on this issue.
Final funding for Defense Base Closure and Realignment Commission (sec.
2835)
The Senate amendment contained a provision (sec. 2825)
that would amend section 2902(k) of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law
101-510, 10 U.S.C. 2657) to authorize the Secretary of Defense
to transfer unobligated funds from the Department of Defense
Base Closure Account to fund the operations of the Defense Base
Closure and Realignment Commission until December 31, 1995.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
transfer authority to $300,000.
Exercise of authority delegated by the Administrator of General
Services (sec. 2836)
The Senate amendment contained a provision (sec. 2827)
that would amend the Defense Base Closure and Realignment Act
of 1990 (Public Law 101-510) to expand the authority of the
Secretary of Defense, with the concurrence of the Administrator
of the General Services Administration, to prescribe general
policies and issue regulations for utilizing excess property
and disposing of surplus property. The provision would also
make certain technical changes.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Lease back of property disposed from installations approved for closure
or realignment (sec. 2837)
The Senate amendment contained a provision (sec. 2828)
that would amend the Defense Base Closure and Realignment Act
of 1990 (Public Law 101-510) to allow base closure property
that is still needed by the Department of Defense or another
federal agency to be transferred to the local redevelopment
authority, providing that the redevelopment authority leases
back the property to the Department of Defense or federal
agency. Such a lease should not exceed 50 years and could not
require rental payments by the United States.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Improvement of base closure and realignment process regarding disposal
of property (sec. 2838)
The House bill contained a provision (sec. 2814) that
would amend the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687
note) and the Defense Base Closure and Realignment Act of 1990
(Part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687).
The provision would preclude consideration of Section 501 of
the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11411) in the transfer or disposal of real property located at
military installations closed or realigned under the base
closure law.
The Senate amendment contained a provision (sec. 2826)
that would amend the Defense Base Closure and Realignment Act
of 1990 (Part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687) to authorize the Secretary of Defense to approve local
redevelopment authorities' base reuse plans. Before making any
property disposal decisions, the Secretary of Defense would be
required to consult with the Secretary of Housing and Urban
Development to determine if the needs of the homeless were
appropriately considered. In reviewing disposal plans, the
Secretary of Defense could give deference to local communities'
plans in making the final property disposal decisions.
The House recedes with a technical amendment that would
recognize the preeminence of local redevelopment authorities'
plans for reuse of properties and facilities on installations
closed or realigned under the base closure procedures. The
amendment would further enhance the ability of the Secretary of
Defense to give final approval of local communities' base reuse
plans.
Agreements for certain services at installations being closed (sec.
2839)
The House bill contained a provision (sec. 2813) that
would clarify current law that authorizes the Secretary of
Defense to enter into agreements with local governments for the
provision of police, security, fire protection, air field
operations, or other community services provided by such
governments at military installations scheduled to be closed.
The Senate amendment contained a similar provision.
The Senate recedes with a technical amendment.
Authority to transfer property at military installations to be closed
to persons who construct or provide military family housing
(sec. 2840)
The House bill contained a provision (sec. 2811) that
would authorize the Secretary of Defense to enter into an
agreement to transfer property or facilities at a closed
installation, or an installation designated to be closed, under
current law, to a person who agrees to provide, in exchange for
the property or facilities, housing units located at another
military installation where there is a shortage of suitable
housing. Under the provision, the Secretary would not be
permitted to select property or facilities for transfer that
have been identified in the redevelopment plan for the
installation as essential for base reuse and development.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Use of single base closure authorities for disposal of property and
facilities at Fort Holabird, Maryland (sec. 2841)
The Senate amendment contained a provision (sec. 2830)
that would consolidate disposal of all property affected by the
1988 and 1995 base closure actions at Fort Holabird, Maryland
under the provisions of the Base Closure Community
Redevelopment and Homeless Assistance Act of 1994 (Public Law
103-421).
The House bill contained no similar provision.
The House recedes with a technical amendment.
Subtitle D--Land Conveyances Generally
part I--army conveyances
Transfer of jurisdiction, Fort Sam Houston, Texas (sec. 2851)
The House bill contained a provision (sec. 2821) that
would authorize the Secretary of the Army to transfer, without
reimbursement, approximately 53 acres, with improvements, to
the Secretary of Veterans Affairs. The property would be
conveyed for use as a national cemetery.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment deleting the
reversionary interest of the Secretary of the Army in the
property.
Transfer of jurisdiction, Fort Bliss, Texas (sec. 2852)
The House bill contained a provision (sec. 2838) that
would authorize the Secretary of the Army to transfer to the
Secretary of Veteran Affairs jurisdiction of approximately 22
acres, comprising a portion of Fort Bliss, Texas. The property
transferred would be used as an addition to the Fort Bliss
National Cemetery.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would delete
the Secretary of the Army's reversionary interest in the
property.
Tranfer of jurisdiction and land conveyance, Fort Devens Military
Reservation, Massachusetts (sec. 2853)
The House bill contained a provision (sec. 2831) that
would require the Secretary of the Army to convey to the
Secretary of the Interior, without reimbursement, a portion of
the Fort Devens Military Reservation, Massachusetts, at any
time after the date on which the property is determined to be
excess to the needs of the Department of Defense. The property
is to be conveyed for inclusion in the Oxbow National Wildlife
Refuge. The cost of any surveys necessary for the conveyance
shall be borne by the Secretary of the Interior.
This section would also require the Secretary of the Army
to convey to the Town of Lancaster, Massachusetts, without
reimbursement, a parcel of real property consisting of
approximately 100 acres of the parcel available for transfer to
the Secretary of the Interior. The cost of any surveys
necessary for the conveyance would be borne by the town.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Modification of land conveyance, Fort Belvoir, Virginia (sec. 2854)
The Senate amendment contained a provision (sec. 2863)
that would require the Secretary of the Army to submit a report
to the Senate Armed Services Committee and the House National
Security Committee on the status of the negotiations related to
the land conveyance at the Engineer Proving Grounds, Fort
Belvoir, Virginia authorized by subsection (a) of section 2821
of the Military Construction Authorization Act for Fiscal Years
1990 and 1991 (Public Law 101-189).
The House bill contained no similar provision.
The House recedes with an amendment that would delete the
reporting requirement and would amend section 2821 of the
Military Construction Authorization Act for Fiscal Years 1990
and 1991 to authorize the Secretary of the Army to convey to
the County of Fairfax, Virginia, all right, title and interest
of the United States in and to all or a portion of the parcel
of real property, including improvements thereon, at Fort
Belvoir, Virginia, consisting of approximately 820 acres and
known as the Engineer Proving Ground. In consideration, the
County shall construct facilities for the Department of the
Army; grant title, free of liens and other encumbrances, to the
facilities and, if not already owned by the Department, to the
underlying land; and make infrastructure improvements for the
Department of the Army, as may be specified by the Secretary of
the Army. The value of the consideration provided by the County
shall not be less than the fair market value of the property
conveyed to the County, as determined by the Secretary. The
amendment would prohibit the Secretary from entering into any
agreement under this provision until the expiration of 60 days
following the date on which the Secretary transmits to the
congressional defense committees a report containing details of
the agreement between the Army and the County.
Land exchange, Fort Lewis, Washington (sec. 2855)
The House bill contained a provision (sec. 2836) that
would authorize the Secretary of the Army to convey to
Weyerhaeuser Real Estate Company, Tacoma, Washington two
parcels of real property at Fort Lewis, Washington totaling
1.26 acres. As consideration the Weyerhaeuser Real Estate
Company would convey 0.39 acres located within the boundaries
of Fort Lewis together with other considerations acceptable to
the Secretary. The total consideration conveyed to the United
States would be no less than the fair market value of the
property conveyed by the Army.
The Senate amendment contained a similar provision.
The Senate recedes with a technical amendment.
Land exchange, Army Reserve Center, Gainsville, Georgia (sec. 2856)
The Senate amendment contained a provision (sec. 2846)
that would authorize the Secretary of the Army to convey to the
City of Gainesville, Georgia, a 4.2 acre parcel of real
property, including a reserve center, located on Shallowford
Road in Gainsville, Georgia. As consideration, the City of
Gainesville would convey to the Secretary approximately 8 acres
of real property located in the Atlas Industrial Park in
Gainesville. The City would construct replacement facilities in
accordance with the requirements of the Secretary of the Army
for training activities of the Army Reserve, and fund the costs
of relocating the Reserve units to the new location. The City's
contribution of land and facilities would be no less than the
fair market value of the property conveyed by the Secretary.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Land conveyance, Holston Army Ammunition Plant, Mount Carmel, Tennessee
(sec. 2857)
The House bill contained a provision (sec. 2829) that
would authorize the Secretary of the Army to convey to the City
of Mount Carmel, Tennessee, without reimbursement, a parcel of
real property consisting of approximately 6.5 acres. The
property would be conveyed for expansion of the existing Mount
Carmel Cemetery.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Indiana Army Ammunition Plant, Charlestown, Indiana
(sec. 2858)
The House bill contained a provision (sec. 2825) that
would authorize the Secretary of the Army to convey to the
State of Indiana, without consideration, a parcel of real
property, with improvements, consisting of approximately 1,125
acres. The property to be conveyed would be used for
recreational purposes.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Fort Ord, California (sec. 2859)
The House bill contained a provision (sec. 2824) that
would authorize the Secretary of the Army to convey to the City
of Seaside, California, at fair market value, all right, title,
and interest in approximately 477 acres of real property
(comprising the Black House and Bayonet gold courses and a
portion of the Hayes Housing Facilities) comprising a portion
of the former Fort Ord Military Complex. From the amount paid
by the City in consideration for the conveyance, the Secretary
would deposit in the Morale, Welfare, and Recreation Fund (MWR)
account of the Department of the Army an amount equal to the
fair market value of the golf courses conveyed under this
section. The balance of the amount paid by the City would be
deposited in the Department of Defense Base Closure Account
1990.
The Senate amendment contained a provision (sec. 2841)
that would require the Secretary of Defense, within 60 days
after the date of enactment of the National Defense
Authorization Act for Fiscal Year 1996, to provide to Congress
a report that would describe the disposal plans for the 477
acres of property at the former Fort Ord Military Complex.
The Senate recedes to Senate amendment, section 2841. The
Senate recedes with an amendment to House bill section 2824.
The amendment to section 2824 would direct the Secretary to
deposit into the MWR account only those proceeds from the sale
of golf courses that are required to support MWR activities in
the vicinity of Fort Ord for the next five years. The amount
deposited into the MWR account would not exceed the fair market
value of golf courses conveyed to the City. The amendment would
also require the Secretary to certify his findings on the
disposition of the proceeds in a report to Congress 90 days
after the date of the conveyance.
Land conveyance, Parks Reserve Forces Training Area, Dublin, California
(sec. 2860)
The House bill contained a provision (sec. 2828) that
would authorize the Secretary of the Army to convey to the
County of Alameda, California, approximately 31 acres, with
improvements, located at the Parks Reserve Forces Training
Area, Dublin, California. The conveyance shall not include any
oil, gas, or mineral interests of the United States, and shall
be subject to the condition that the County would pay for road
improvements, utility upgrades, and construction improvements
at the portion of the Army Training Area retained by the Army.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Land conveyance, Army Reserve Center, Youngstown, Ohio (sec. 2861)
The House bill contained a provision (sec. 2834) that
would authorize the Secretary of the Army to convey to the City
of Youngstown, Ohio, without consideration, a parcel of real
property. The property is located at 399 Miller Street in
Youngstown, Ohio, and comprises the vacant Kefurt Army Reserve
Center.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Army Reserve property, Fort Sheridan, Illinois (sec.
2862)
The Senate amendment contained a provision (sec. 2843)
that would authorize the Secretary of the Army to convey to a
transferee, selected through a competitive process, all right,
title, and interest of the United States in a parcel of real
property, and improvements thereon, at Fort Sheridan, Illinois,
consisting of approximately 114 acres and comprising two Army
Reserve areas. As consideration, the transferee would convey to
the United States a parcel of land, acceptable to the
Secretary, located not more than 25 miles from Fort Sheridan
and in an area having similar social and economic conditions as
the area in which Fort Sheridan is located. The transferee
would also be required to construct replacement facilities and
infrastructure, and pay the cost of relocating the Army
personnel. The Secretary of the Army would be required to
ensure that the fair market value of the consideration provided
by the transferee is not less than the fair market value of the
real property conveyed by the Secretary.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Land conveyance, property underlying Cummins Apartment Complex, Fort
Holabird, Maryland (sec. 2863)
The Senate amendment contained a provision (sec. 2830A)
that would authorize the Secretary of the Army to convey to the
owner of the Cummins Apartment Complex, at fair market value,
six acres of real property at Fort Holabird, Maryland that
underlies the Cummins Apartment Complex.
The House bill contained no similar provision.
The House recedes.
Modification of existing land conveyance, Army property, Hamilton Air
Force Base, California (sec. 2864)
The House bill contained a provision (sec. 2837) that
would modify section 9099(e) of the National Defense
Appropriations Act for Fiscal Year 1993 (Public Law 102-396),
which permitted the Secretary of the Army to sell certain
parcels of property at the former Hamilton Air Force Base,
California, as described in the Agreement and Modification,
dated September 25, 1990, between the Department of the
Defense, the General Services Administration, and the
purchaser. The House provision would authorize the Secretary of
the Army to convey to the City of Novato, California, any
unpurchased property described in section 9099(e) of the
National Defense Appropriations Act for Fiscal Year 1993
(Public Law 102-396), for use in establishing schools and park
areas. Under this provision, the City would be required to
provide any proceeds received from subsequent sale of the
property, within the next ten years, to the Secretary of the
Army.
The Senate amendment contained no similar provision.
The Senate recedes with technical amendment.
part ii--navy conveyances
Transfer of jurisdiction, Naval Weapons Industrial Reserve Plant,
Calverton, New York (sec. 2865)
The House bill contained a provision (sec. 2823) that
would authorize the Secretary of the Navy to transfer to the
Secretary of Veterans Affairs, without reimbursement,
approximately 150 acres at the Naval Weapons Industrial Reserve
Plant, Calverton, New York. The property would be conveyed for
use as a national cemetery.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Modification of land conveyance, Naval Weapons Industrial Reserve
Plant, Calverton, New York (sec. 2866)
The House bill contained a provision (sec. 2835) that
would modify the condition of conveyance of the Naval Weapons
Industrial Reserve Plant, Calverton, New York, as authorized in
the Military Construction Authorization Act for Fiscal 1995
(Division B of Public Law 103-335; 108 Stat. 3061). The
modification would amend the purpose of the conveyance. The
provision would also strike the Department of Navy's
reversionary interest in the property, and, in lieu thereof,
authorize the Secretary to lease the facility to the Community
Development Agency, in exchange for security, fire protection,
and maintenance services, until the property is conveyed by
deed.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would retain
the purpose of the conveyance, as currently authorized by law.
Land conveyance alternative to existing lease authority, Naval Supply
Center, Oakland, California (sec. 2867)
The House bill contained a provision (sec. 2833) that
would amend section 2834(b) of the Military Construction
Authorization Act for Fiscal Year 1993, (Division B of Public
Law 103-160) and section 2821 of the Military Construction
Authorization Act for Fiscal Year 1995 (Division B of Public
Law 103-337) to authorize the Secretary of the Navy to convey
to the City of Oakland, California, the Port of Oakland,
California, or the City of Alameda, California, without
consideration, in lieu of an existing lease, property at the
Naval Supply Center, under such terms as the Secretary
considers appropriate. The exact acreage of the real property
that would be conveyed would be determined by a survey that is
satisfactory to the Secretary, and the cost for such survey
shall be borne by the recipient of the property.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would include
the City of Richmond, California as an authorized recipient of
the property to be conveyed.
Land conveyance, Naval Weapons Industrial Reserve Plant, McGregor,
Texas (sec. 2868)
The House bill contained a provision (sec. 2830) that
would authorize the Secretary of the Navy to convey to the City
of McGregor, Texas, without consideration, all right, title,
and interest of the United States in a parcel of real property,
including improvements thereon, containing the Naval Weapons
Industrial Reserve Plant. The conveyed property would be used
for purposes of economic redevelopment. Until the real property
is conveyed by deed, the Secretary would be permitted to lease
the facility of the City in exchange for security, fire
protection, and maintenance services. The Secretary would be
authorized to convey other fixtures located on the property if
such equipment can be reinstituted after the conveyance.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Naval Surface Warfare Center, Memphis, Tennessee (sec.
2869)
The Senate amendment contained a provision (sec. 2838)
that would authorize the Secretary of the Navy to convey to the
Memphis and Shelby County Port Commission, Memphis, Tennessee,
26 acres of land, including a 1250 ton stiff leg derrick crane,
located at the Carderock Division, Naval Surface Warfare
Center, Memphis Detachment, President's Island, Memphis,
Tennessee. As consideration for the conveyance, the Port
Commission shall grant a restrictive easement consisting of
approximately 100 acres that is adjacent to the Memphis
Detachment. If the value of the easement granted by the Port is
less than the fair market value of the real property conveyed
by the Navy, the Secretary and the Port would jointly determine
the appropriate additional compensation. The Secretary would
deposit any cash proceeds received as part of the transaction,
into the special account established under section 204(h)(2) of
the Federal Property and Administrative Services Act of 1949.
The House bill contained no similar provision.
The House recedes.
Land conveyance, Navy property, Fort Sheridan, Illinois (sec. 2870)
The Senate amendment contained a provision (sec. 2842)
that would authorize the Secretary of the Navy to convey to a
transferee, selected through a competitive process, all right,
title, and interest of the United States in a parcel of real
property, and improvements thereon, at Fort Sheridan, Illinois,
consisting of approximately 182 acres and comprising the Navy
housing areas at Fort Sheridan. As consideration, the
transferee would convey to the United States a parcel of land,
acceptable to the Secretary, located not more than 25 miles
from the Great Lakes Naval Training Center, Illinois, and
located in an area having similar social and economic
conditions as the area in which Fort Sheridan is located. The
transferee would also be required to: construct replacement
housing, support facilities, and infrastructure; pay the cost
of relocating the Navy personnel; and provide for the education
of dependents in schools that meet, and would continue to meet,
standards established by the Secretary of the Navy, even after
the enrollment of dependents, regardless of the receipt of
federal impact aid by such schools or school districts. The
Secretary of the Navy would be required to ensure that the fair
market value of the consideration provided by the transferee is
not less than the fair market value of the real property
conveyed by the Secretary.
The House bill contained no similar provision.
The House recedes with technical amendment.
Land conveyance, Naval Communications Station, Stockton, California
(sec. 2871)
The Senate amendment contained a provision (sec. 2844)
that would authorize the Secretary of the Navy, with the
concurrence of the Administrator of General Services and the
Secretary of Housing and Urban Development, to convey to the
Port of Stockton, California, all right, title, and interest in
approximately 1,450 acres of real property at the Naval
Communications Station, Stockton, California. The conveyance
may be as a public benefit conveyance if the Port satisfies the
criteria established in section 203 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484). If the
Port does not satisfy such criteria, the conveyance would be
for fair market value. As a condition for the conveyance, the
Port would be required to agree to maintain, under current
terms and conditions, existing Federal leases of property at
the Station. The Secretary would be authorized to lease the
property to the Port until the property is conveyed by deed.
The House bill contained no similar provision.
The House recedes with an amendment that would delete the
requirement that the conveyance be subject to the concurrence
of the Administrator of General Service and the Secretary of
Housing and Urban Development. The conferees intend that the
Secretary would not carry out the conveyance unless it is
determined that no department or agency of the Federal
Government will accept the transfer of the property.
Lease of property, Naval Air Station and Marine Corps Air Station,
Miramar, California (sec. 2872)
The conferees include a new section that would authorize
the Secretary of the Navy to enter into a lease agreement with
the City of San Diego, California, that would provide for the
City's use of land at the Naval Air Station or Marine Corps Air
Station Miramar, California, as a municipal solid waste
landfill, and for other purposes related to the management of
solid waste. The provision would also allow the Secretary to
receive in-kind consideration under the lease, and to use any
rental money received to carry out environmental programs or
improvement projects to enhance quality of life programs for
personnel stationed at the Naval Air Station or Marine Corps
Air Station. This provision would provide the sole authority
for entering into the described lease with the City of San
Diego.
part iii--air force conveyances
Land acquisition or exchange, Shaw Air Force Base, South Carolina (sec.
2874)
The House bill contained a provision (sec. 2822) that
would authorize the Secretary of the Air Force to acquire, by
means of an exchange of property, acceptance as a gift, or
other means that would not require the use of appropriated
funds, all right, title, and interest in a parcel of real
property, with improvements, consisting of approximately 1,100
acres adjacent to Shaw Air Force Base, Sumter, South Carolina.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
Land conveyance, Elmendorf Air Force Base, Alaska (sec. 2875)
The House bill contained a provision (sec. 2832) that
would authorize the Secretary of the Air Force to sell to a
private person a parcel of real property consisting of
approximately 32 acres located at Elmendorf Air Force Base,
Alaska. As consideration for the sale, the purchaser would be
required to provide appropriate maintenance for the apartment
complex located on the property to be conveyed and used by
members of the armed forces and their dependents stationed at
the Elmendorf Air Force Base. The cost of any surveys necessary
for the sale of real property would be borne by the purchaser.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Land conveyance, Radar Bomb Scoring Site, Forsyth, Montana (sec. 2876)
The Senate amendment contained a provision (sec. 2839)
that would authorize the Secretary of the Air Force to convey
to the City of Forsyth, Montana, without consideration,
approximately 58 acres, with improvements, comprising the
support complex and recreational facilities of the former Radar
Bomb Scoring Site, Forsyth, Montana. The conveyance would be
subject to the condition that the City use the property for
housing and recreational purposes.
The House bill contained no similar provision.
The House recedes.
Land conveyance, Radar Bomb Scoring Site, Powell, Wyoming (sec. 2877)
The Senate amendment contained a provision (sec. 2840)
that would authorize the Secretary of the Air Force to convey
to the Northwest College Board of Trustees, without
consideration, approximately 24 acres, with improvements,
comprising the support complex, recreational areas, and housing
facilities at the former Radar Bomb Scoring Site, Powell,
Wyoming. The conveyance would be subject to the condition that
the Board use the property conveyed for housing and
recreational purposes, and for such other purposes as the
Secretary and the Board jointly determine appropriate.
The House bill contained no similar provision.
The House recedes.
Land conveyance, Avon Park Air Force Range, Florida (sec. 2878)
The House bill contained a provision (sec. 2827) that
would authorize the Secretary of the Air Force to convey,
without consideration, a parcel of real property, with
improvements, within the boundaries of the Avon Park Air Force
Range near Sebring, Florida to Highlands County, Florida. The
property would be conveyed for the operation of a juvenile or
other correctional facility.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Subtitle E--Land Conveyances Involving Utilities
Conveyance of resources recovery facility, Fort Dix, New Jersey (sec.
2881)
The House bill contained a provision (sec. 2841) that
would authorize the Secretary of the Army to convey to
Burlington County, New Jersey, a parcel of real property at
Fort Dix, New Jersey, consisting of approximately two acres and
containing the Fort Dix resource recovery facility.
The Senate amendment contained a similar provision.
The Senate recedes with an amendment that would increase
the acreage to be conveyed to six acres and would make other
technical corrections.
Conveyance of water and wastewater treatment plants, Fort Gordon,
Georgia (sec. 2882)
The House bill contained a provision (sec. 2842) that
would authorize the Secretary of the Army to convey to the City
of Augusta, Georgia, all rights, title, and interest of the
United States in several parcels of real property consisting of
approximately seven acres each and containing water and
wastewater treatment plants and distribution and collection
systems. In consideration of the conveyance, the City of
Augusta would accept the water and wastewater treatment plants
and distribution and collection systems in their existing
condition and provide water and sewer service to Fort Gordon,
Georgia at a rate established by the appropriate State or
Federal regulatory authority.
The Senate amendment contained a similar provision.
The Senate recedes with a technical amendment.
Conveyance of electricity distribution system, Fort Irwin, California
(sec. 2883)
The House bill contained a provision (sec. 2843) that
would authorize the Secretary of the Army to convey to the
Southern California Edison Company, California, all right,
title, and interest of the United States in the electrical
distribution system located at Fort Irwin, California. In
consideration for the conveyance, the Southern California
Edison Company would be required to accept the electrical
distribution system in its existing condition and provide
electrical service to Fort Irwin at a rate established by the
appropriate State or Federal regulatory authority.
The Senate amendment contained a similar provision.
The Senate recedes with a technical amendment.
Conveyance of water treatment plant, Fort Pickett, Virginia (sec. 2884)
The Senate amendment contained a provision (sec. 2835)
that would authorize the Secretary of the Army to convey to the
Town of Blackstone, Virginia, without reimbursement, the water
treatment plant located at Fort Pickett, Virginia. In exchange,
the town would provide water and sewer services to Fort
Pickett, at a rate negotiated by the Secretary of the Army and
approved by the appropriate federal and state regulatory
authorities.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of the Army to convey to the Town of Blackstone,
Virginia, the water treatment plant located at Fort Pickett,
Virginia. The amendment would also modify paragraph (c) by
clarifying that the water rights granted to the town would be
determined pursuant to the law of the Commonwealth of Virginia.
Subtitle F--Other Matters
Authority to use funds for certain educational purposes (sec. 2891)
The Senate amendment contained a provision (sec. 2813)
that would amend section 2008 of title 10, United States Code,
to authorize the Department of Defense to continue the use of
appropriated funds for repair, maintenance, and construction of
Department of Education school facilities located on military
installations.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Department of Defense Laboratory Revitalization Demonstration Program
(sec. 2892)
The Senate amendment contained a provision (sec. 2861)
that would establish a test program to allow the heads of
selected defense laboratories greater flexibility to undertake
facility modernization initiatives. For test program
laboratories, the provision would raise the minor construction
threshold, from $1.5 million to $3.0 million, for projects that
the Secretary of Defense may carry out without specific
authorization. The provision would also raise the threshold for
minor military construction projects requiring prior approval
of the Secretary of Defense, from $500,000 to $1.5 million.
Finally, the provision would raise, for the selected
laboratories, the threshold, from $300,000 to $1.0 million, for
the value of any unspecified military construction project for
which operation and maintenance funds may be used.
The provision would provide for the expiration of the
test authority on September 30, 2000. It would also require the
Secretary of Defense to designate participating laboratories
before the test may begin, establish a review procedure for
each project to be funded under this section, and report to
Congress on the lessons learned from the test program one year
before the program is terminated.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Authority for Port Authority of State of Mississippi to use Navy
property at Naval Construction Battalion Center, Gulfport,
Mississippi (sec. 2893)
The House bill contained a provision (sec. 2852) that
would authorize the Secretary of the Navy to enter into an
agreement with the Port Authority of the State of Mississippi
to permit joint use of real property and associated
improvements comprising up to 50 acres located at the Naval
Construction Battalion Center, Gulfport, Mississippi. The
requirement would be for a period not to exceed 15 years, and
the Port Authority would be required to pay fair market rental
value as determined by the Secretary. The Secretary could not
enter into any agreement until after the end of a 21-day period
beginning on the date on which the Secretary submits a report
to Congress explaining the terms of the proposed agreement and
describing the consideration that the Secretary would expect to
receive under the agreement.
The Senate amendment contained a similar provision.
The Senate recedes.
Prohibition on joint use of Naval Air Station and Marine Corps Air
Station, Miramar, California (sec. 2894)
The House bill contained a provision (sec. 2853) that
would prohibit the Secretary of the Navy from entering into any
agreement that would provide for the regular use of Naval Air
Station, Miramar, California, by civil aircraft.
The Senate amendment contained a similar provision.
The Senate recedes with a clarifying amendment.
Report regarding Army water craft support facilities and activities
(sec. 2895)
The House bill contained a provision (sec. 2854) that
would require the Secretary of the Army to submit, not later
than February 15, 1996, a report describing the Army's water
craft support facilities and activities. The report would
include actions that can be taken to close the Army Reserve
Facility located in Marcus Hook, Pennsylvania.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Residual value reports (sec. 2896)
The Senate amendment contained a provision (sec. 2864)
that would require the Secretary of Defense, in coordination
with the Director of the Office of Management and Budget, to
submit to the congressional defense committees a status report
on the results of residual value negotiations between the
United States and Germany. The report would be provided within
30 days after the Office of Management and Budget receives the
results of the negotiations.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Sense of Congress and report regarding Fitzsimons Army Medical Center,
Colorado (sec. 2897)
The Senate amendment contained a provision (sec. 2830C)
that would express the Sense of Congress that the Secretary of
the military departments should consider the expedited transfer
of facilities to local redevelopment authorities while the
facilities are still operational. The provision would also
require the Secretary of the Army to provide a report, within
180 days of enactment of the National Defense Authorization
Bill for Fiscal Year 1996, on the actions taken to convey the
Fitzsimons Army Medical Center, Colorado.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees agree that this section is intended to
support current efforts to redevelop the Fitzsimons Army
Medical Center. The conferees agree that this section is not
intended to circumvent the 1995 recommendations of the Defense
Base Closure and Realignment Commission, or other applicable
laws.
legislative provisions not adopted
Land conveyance, Naval Air Station, Pensacola, Florida
The House bill contained a provision (sec. 2826) that
would authorize the Secretary of the Navy to convey to West
Florida Developers, Inc. a parcel of unimproved real property,
consisting of approximately 135 acres. As consideration for the
conveyance of real property, West Florida Developers, Inc.
would agree to restrict the use of all lands located within the
Accident Potential Zone of Naval Air Station Pensacola, owned
by West Florida Developers, Inc. The cost of any surveys
necessary for the conveyance shall be borne by West Florida
Developers, Inc.
The Senate amendment contained no similar provision.
The House recedes.
Expansion of authority to sell electricity
The House bill contained a provision (sec. 2851) that
would amend section 2483(a) of title 10, United States Code, to
expand the authority of the Department of Defense to permit the
military departments to take advantage of changing electric
power marketing conditions by increasing the available option
to outsource for energy on military installations.
The Senate amendment contained no similar provision.
The House recedes.
Clarification of funding for environmental restoration at installations
approved for closure or realignment in 1995
The Senate amendment contained a provision (sec. 2823)
that would authorize the Department of Defense to fund
environmental restoration at installations selected for closure
by the 1995 Defense Base Closure and Realignment Commission
with funds authorized for the Defense Environmental Restoration
Account for fiscal year 1996. After fiscal year 1996,
environmental restoration for these installations would be
funded using the Defense Base Closure and Realignment Account.
The House bill contained no similar provision.
The Senate recedes.
Report on the disposal of property, Fort Ord Military Complex,
California
The Senate amendment contained a provision (sec. 2841)
that would require the Secretary of Defense to submit a report
to the Congress describing the plans for the disposal of a
parcel of real property consisting of approximately 477 acres
at the former Fort Ord Military Complex.
The House bill contained no similar provision.
The Senate recedes.
Land conveyance, William Langer Jewel Bearing Plant, Rolla, North
Dakota
The Senate amendment contained a provision (sec. 2845)
that would authorize the Administrator of the General Services
Administration to convey to the Job Development Authority of
the City of Rolla, without consideration, approximately 9.77
acres of real property, comprising the former Army-owned
William Langer Jewel Bearing Plant, Rolla, North Dakota. The
property and facility are to be used for economic development
in order to replace economic activity lost at the plant.
The House bill contained no similar provision.
The Senate recedes.
Renovation of the Pentagon Reservation
The Senate amendment contained a provision (sec. 2865)
that would require the Secretary of Defense to take such
actions necessary to reduce the total cost of the renovation of
the Pentagon Reservation to not more than $1.1 billion.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that, as required by section 8149 of
the Fiscal Year 1995 Department of Defense Appropriations Act
(Public Law 103-335), the Secretary of Defense certified on
December 19, 1994 that the total cost of the renovation would
not exceed $1.2 billion. Although the department is in the
fifth year of a 15 year renovation of the Pentagon, the
conferees reiterate their view that this project should be
executed at the lowest cost possible. Earlier this year, the
Secretary of Defense appointed a steering committee to review
the ongoing renovation project. The Secretary of Defense is
directed to submit a report to the Senate Committee on Armed
Services and the House Committee on National Security by
February 15, 1996 on the findings of the steering committee
review and on opportunities to achieve further savings.
Title XXIX--Land Conveyances Involving Joliet Army Ammunition Plant
legislative provisions
legislative provisions adopted
Title XXIX--Land Conveyances involving Joliet Army Ammunition Plant,
Illinois
The Senate amendment contained provisions (secs. 2851-
2857) that would authorize the Secretary of the Army to
transfer to the Secretary of Agriculture approximately 19,000
acres of land located at the Joliet Army Ammunition Plant to
establish the Midewin Tallgrass Prairie. The provision would
also authorize the Secretary of the Army to convey, without
compensation, to the Secretary of Veterans Affairs 910 acres of
land at Joliet Army Ammunition Plant to establish a national
cemetery.
The provision would further authorize the Secretary of
the Army to convey to the County of Will, Illinois, without
consideration, 425 acres of land at Joliet Army Ammunition
Plant to be used for a landfill. As a part of this conveyance,
the County of Will would be required to permit Federal
Government use of the landfill at no cost.
The provision would also authorize the Secretary of the
Army to convey, at fair market value, 1,900 acres and 1,100
acres of land located at the Joliet Army Ammunition Plant to
the Village of Elwood, Illinois, and the City of Wilmington,
Illinois, respectively, to establish industrial parks. All
proceeds from any future sale of these parcels or portions of
these parcels would be remitted to the Secretary of the Army.
The House bill contained no similar provision.
The House recedes with an amendment that would
incorporate the language contained in H.R. 714, an act that
would establish the Midewin National Tallgrass Prairie in the
State of Illinois, as passed by the House of Representatives in
the 104th Congress. The House amendment would modify H.R. 714
to:
(1) make technical corrections;
(2) authorize the Secretary of the Army to transfer 982
acres of real property to the Secretary of Veterans Affairs to
establish a national cemetery;
(3) authorize the Secretary of the Army to convey to Will
County, Illinois, without consideration, 455 acres of real
property for use as a landfill;
(4) authorize the Secretary of the Army to convey to the
State of Illinois, at fair market value, 3,000 acres of real
property to the State of Illinois for economic redevelopment.
The State of Illinois would be required to pay the Army fair
market value for the property within twenty years after the
date of the conveyance;
(5) require the Governor of the State of Illinois to
consult with the Mayors of the Village of Elwood, Illinois, and
the City of Wilmington, Illinois, in establishing a
redevelopment authority to oversee the development of the real
property conveyed to the State; and
(6) clarify the responsibility of the Department of the
Army, and other parties to the conveyance, for environmental
remediation and restoration of the real property comprising the
Joliet Army Ammunition Plant.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
Title XXXI--Department of Energy National Security Programs
Overview
The budget request for fiscal year 1996 contained an
authorization of $11,178.5 million for the Department of Energy
National Security Programs. The House bill would authorize
$10,403.6 million. The Senate amendment would authorize
$11,178.7 million. The conferees recommended an authorization
of $10,618.2 million. The funding level was largely due to a
reduced funding in Environmental Restoration and Waste
Management. Unless noted explicitly in the statement of
managers, all changes are made without prejudice.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
legislative provisions
legislative provisions adopted
Subtitle A--National Security Programs Authorizations
Weapons Activities (sec. 3101)
The budget request included $3.540 billion for weapons
activities. The House bill contained a provision (sec. 3101)
that would authorize $3.599 billion for operating expenses,
plant projects, and capital equipment for activities necessary
to carry out the Department of Energy stockpile stewardship and
stockpile management programs.
The Senate amendment contained a provision (sec. 3101)
that would authorize Department of Energy weapons activity
funding for fiscal year 1996 in the amount of $3.654 billion.
The conferees agree to authorize $3.460 billion for
weapons activities, a reduction of $80.0 million from the
requested amount. This overall net reduction is the result of a
$55.7 million increase to the requested amount for all
authorized weapons activities, combined with $135.6 million in
adjustment reductions. The adjustment reductions are primarily
based on larger amounts of prior year balances than those
proposed in the Department of Energy (DOE) budget request. The
$55.7 million increase in weapons activities is necessary to
fund the requirements levied on the DOE as a result of the
Nuclear Posture Review. The increase is required for two major
reasons: to fund a modern stockpile refabrication capacity
sized to the requirements of the Nuclear Posture Review and to
fund a means to assure confidence in stockpile reliability and
safety without full-scale, underground nuclear testing. The
increase is also appropriate given the historic downward trend
in funding for weapons activities (75% from fiscal year 1985 to
fiscal year 1995).
The conferees remain concerned about the near-term
viability of U.S. strategic deterrence, particularly if the
United States refrains from remanufacturing the weapons in the
nuclear stockpile with the most efficient fabrication
techniques. In relation to the needs of nuclear weapons
refabrication and recertification, the conferees recommend that
the DOE laboratories and plants enter into appropriate
industrial partnerships of mutual benefit.
The budget request included $1.016 billion for core
stockpile stewardship. The conferees agree to authorize $1.078
billion for core stockpile stewardship. The conferees authorize
the use of stockpile stewardship funds, as follows: (1)
accelerated strategic computing initiative, $40.0 million (2)
hydronuclear experiment preparation, $30.0 million; (3) dual
revalidation, $10.0 million.
Of the $150.0 million authorized for a redirected
technology transfer program, the conferees recommend the
following amounts: (1) advanced design & production technology
(ADAPT), $20.0 million; (2) AMTEX, $10.0 million; (3) enhanced
stockpile surveillance, $20.0 million; (4) industrial
partnerships in direct support of stockpile stewardship
program, $25.0 million; (5) industrial partnerships in direct
support of stockpile management program, $25.0 million; (6)
completion of highest priority CRADA's that remain from fiscal
year 1995, $50.0 million.
The budget request included $1.907 billion for the
stockpile management program. The conferees agree to authorize
$2.025 billion for the stockpile management program. The
conferees authorize the following: (1) manufacturing
infrastructure/technology modernization at the four production
plants, $143.0 million; (2) fellowship program (four plants),
$10.0 million; (3) radiological/nuclear accident response,
$70.9 million; (4) tritium source, $50.0 million.
The conferees agree to authorize an additional $118.2
million for stockpile management activities. The increase is
necessary to remedy weapons refabrication planning deficiencies
identified at the DOE production complex. These remedies are
required to begin meeting the objectives of the Nuclear Posture
Review.
The conferees recommend that in following fiscal years
the Department request the full amount required to meet
Department of Defense and programmatic requirements for weapons
activities. The conferees find that the DOE Five Year National
Security Budget Plan, which assigns major, arbitrary, outyear
budget cuts to weapons activities, and to other critical
programs within Atomic Energy Defense Activities, does not
adequately address the budget requirements necessary to
implement the Nuclear Posture Review.
Environmental restoration and waste management (sec. 3102)
The budget request included $6.008 billion for
environmental restoration and waste management.
The House bill contained a provision (sec. 3102) that
would authorize $5.265 billion for operating expenses, plant
projects, and capital equipment for defense environmental
restoration and waste management activities.
The Senate amendment contained a provision (sec. 3102)
that would authorize $5.906 billion.
The conferees authorize $5.557 billion for defense
environmental restoration and waste management activities, a
reduction of $451.0 million from the request. The reduction
would be partially offset by the availability of prior year
funds that have not been obligated, or if obligated, have not
been expended and would not be needed for the projects that
were the basis for obligation.
The conferees support the recent Department of Energy
strategic realignment initiatives, taken in connection with the
Department's headquarters functions, to include the
consolidation of space, the elimination of duplication between
field and headquarters activities, and the reduction of
headquarters support service contractors. The conferees direct
that funding cuts, to the maximum extent possible, continue to
be absorbed through reduction of headquarters personnel and
activities. With limited budgets, it is critical that every
available dollar be used for actual cleanup activities in the
field and that the Department continue its efforts to reduce
bureaucratic layers and organizational redundancies at
headquarters.
The conferees understand that the Department has employed
support service contractors to perform inherently governmental
or core governmental functions at the headquarters level. The
conferees direct the Department to discontinue that practice
and to transfer savings to field operations. The conferees
recognize that in some cases it may be more cost effective to
seek outside technical expertise rather than employ permanent
government personnel.
The conferees authorize an additional $60.0 million above
the budget request in the environmental restoration sub-account
to initiate an accelerated cleanup program at sites where such
action could result in long-term cost savings to the
Department. The conferees intend for the Department to
carefully evaluate opportunities for such savings at all
Department of Energy sites. Guidelines for selection of sites
that are eligible for accelerated cleanup are discussed
elsewhere in this report.
The conferees are particularly concerned about the
projected use of several Department of Energy facilities for
additional responsibilities with respect to the processing,
treatment, and interim storage of foreign and domestic sourced
spent fuel rods. Therefore, the conferees direct, elsewhere in
this statement of managers, the initiation of several projects
to mitigate these effects. The conferees also direct the
initiation of the preconstruction design and engineering for
dry storage and advanced mixed waste treatment facilities at
the Idaho National Engineering Laboratory. In this regard, the
conferees agree to authorize additional funding for the spent
nuclear fuels canister storage and stabilization facility at
Hanford, Washington.
Prior to, and during conference, the Department submitted
to the Congress several separate amendments (additions and
deletions) to the list of projects included in the original
budget request. Consistent with the amended budget submission,
the conferees agree to provide additional funding for certain
projects and to delete a number of other projects. Given the
lead times associated with budget preparation, the conferees
recognize that it is difficult to accurately project the status
or requirements for every activity. However, the conferees
encourage the Department to refrain from submitting multiple
amendments to budget requests during conference.
In an effort to track carryover balances, the conferees
direct the Department to submit a report to the congressional
defense committees, contemporaneous with the fiscal year 1997
budget request. The report should contain the following: (1) an
end of current fiscal year projection of uncosted and
unobligated carryover balances; (2) target end of current
fiscal year carryover balances, by program, based on a model of
the minimum amount necessary for program operations and
continuity; (3) a comparison of the differences between the
projected and target carryover balances, by program; (4) a
justification for the difference between the projected and
targeted carryover balances; and (5) the amount of unjustified
carryover balances, based on the calculation in (2). The
conferees direct the Department to report the carryover
balances within the Environmental Restoration and Waste
Management Program, and those balances across all Atomic Energy
Defense Activities accounts. The conferees believe that
unjustified carryover balances should be applied to reduce the
Department's budget request for the next fiscal year.
Other Defense Activities (sec. 3103)
The budget request included $1.432 billion for Other
Defense Activities of the Department of Energy (DOE) for fiscal
year 1996. The House bill contained a provision (sec. 3104)
that would authorize $1.329 billion for Other Defense
Activities.
The Senate amendment contained a provision (sec. 3103)
that would authorize $1.408 billion for this group of programs,
a decrease of $24.0 million below the requested amount.
The conferees agree to authorize $1.352 billion for these
programs.
The conferees also direct that the five-year plans for
the following activities be provided, not later than January
15, 1996, to the congressional defense committees: security
investigations; nuclear safeguards and security; nuclear
safety; worker and community transition; fissile materials
disposition; naval reactors; nonproliferation; and arms
control.
Naval Reactors
The conferees urge the Naval Reactors Program to maintain
the high health and safety standards that have resulted in both
an unprecedented record of safe operation and have become the
standard for safe nuclear power operations around the world.
The conferees also support the program's continued use of the
Advanced Test Reactor (ATR). This facility is completely unique
in the United States and is essential to the continuation of
the advanced materials subprogram. This subprogram provides
experimental data that is the basis for both present safety
standards and future power plant designs.
Other National Security Programs
Nuclear Safeguards and Security
The conferees believe that the Secretary of Energy should
carefully balance investment within the sub-programs of the
Nuclear Safeguards and Security Program to safeguard Department
of Energy nuclear weapons, nuclear materials, and facilities
against theft, sabotage, and terrorist activity. Such a
balanced approach should remain the highest priority of the
program. The conferees authorize additional funding for
declassification activities elsewhere in this statement of
managers, but this should not be construed as an indication
that the Congress in any way is indifferent to the protection
of these DOE properties. In view of the growing severity of
domestic and international terrorism, the conferees urge the
DOE to take increased steps to safeguard the weapons grade
material and weapons under its control.
Office of Security Investigations
As a result of recent major incidents of domestic and
international terrorism, the conferees believe that the Office
of Security Investigations should determine the need for more
frequent reinvestigations of individuals with actual access to
weapons grade material. The conferees direct that the Secretary
provide the congressional defense committees with a description
of the determination rendered, not later than March 30, 1996.
The Secretarial submission should include the Department's
recommendations and the rationale for the determination. The
conferees also recommend a more detailed treatment of any new
initiatives and emphases in the fiscal year 1997 budget
submission.
Office of Security Evaluations
The conferees believe that the Office of Security
Evaluations should reevaluate its present policies, and
evaluate and develop new policies and actions, if required, to
improve the effectiveness of its program. The conferees direct
that the Secretary provide an explanation of the results of
this reevaluation to the appropriate congressional defense
committees, not later than March 30, 1996. The conferees also
recommend a more detailed treatment of the results of its
policies in the fiscal year 1997 budget submission.
Office of Nuclear Safety
The conferees believe that the Office of Nuclear Safety
should implement the program with an overall cost/benefit
analysis applied as a major consideration. That approach would
ensure that available resources would be used in a fiscally
responsible manner, and provide reductions in significant risks
to employees. Resources should not be used to fund marginal
improvements that provide minimal safety benefits. The
conferees direct the Secretary to implement cost/benefit
performance as a criterion for the Office of Nuclear Safety.
Worker and Community Transition
The conferees direct the Worker and Community Transition
program to provide more detailed information on the
effectiveness of its activities, through the end of fiscal year
1995, in the fiscal year 1997 budget request.
Fissile Materials Control and Disposition
The conferees are concerned that the Fissile Materials
Control and Disposition Program does not have a wide range of
technology and cost effectiveness assessments in its
programmatic environmental impact statement (PEIS). Specific
direction is provided in this Act to consider a variety of
nuclear reactors in this regard. The committees of jurisdiction
intend to explore these issues in greater depth with the
Department of Energy during future congressional hearings.
Emergency Response
The conferees direct that the funds for the Office of
Emergency Response, within the Office of Non-proliferation and
National Security, shall be allocated within the Other Defense
Programs category, not from within any other part of the Atomic
Energy Defense Activities. The conferees further direct that in
fiscal year 1997, and subsequent fiscal years, the funding
requested for Atomic Energy Defense Activities Program
Direction should be allocated separately within each of the
four top level categories of that account, and not aggregated
within one such category, as was done in the fiscal year 1996
budget request.
Nonproliferation and verification research and development and arms
control
The budget request included $226.1 million for
nonproliferation and verification research and development, and
$162.3 million for arms control.
The House bill would authorize $163.5 million for
nonproliferation and verification research and development, a
$62.6 million reduction to the budget request; and $147.4
million for arms control, a $14.9 million reduction to the
budget request.
The Senate amendment would authorize the budget request.
The conferees authorize $224.9 million for
nonproliferation and verification research and development,
consistent with the amended budget request from the Department
of Energy, and $161.0 million for arms control.
Due to the increase in international terrorism and
attempts to acquire weapons grade nuclear materials by criminal
organizations, the conferees authorize $3.0 million be
available from nonproliferation and verification research and
development for the development of forensics capability to
detect and track shipments abroad. Further, the conferees
direct the Secretary of Energy to broaden involvement in this
area to include the entire Department of Energy weapons
complex, including the Savannah River Site, Pacific Northwest
Laboratory, Idaho National Engineering Laboratory, and
industry.
The conferees direct the Secretary of Energy to submit a
five-year nonproliferation research and development program
plan to Congress by March 30, 1996. The plan shall include a
program strategy, description of the program and project
objectives, deliverables, and milestones for each project
within the program. The plan shall also identify the specific
organization customers for each project and subprogram.
The conferees concur with recommendations in the Senate
report (S. Rept. 104-112) that the Department of Energy, in
coordination with the International Atomic Energy Agency
(IAEA), should conduct a study on nuclear reactor safety issues
in the Ukraine and report, with recommendations, to Congress on
the safety issues that need to be addressed. The conferees
direct that the report be broadened to include nuclear reactors
in Russia. However, the conferees agree that funding to conduct
a study on nuclear reactor safety study in Ukraine and Russia
would more appropriately be funded in the international affairs
budget and the civilian nuclear reactor portion of the energy
budget, and therefore, no funds are authorized to conduct this
study from nonproliferation and verification research and
development or any other Atomic Energy Defense Activities
account.
Defense nuclear waste disposal (sec. 3104)
The budget request included $198.4 million for defense
nuclear waste disposal activities of the Department of Energy
for fiscal year 1996.
The House bill contained a provision (sec. 3105) that
would authorize $198.4 million for this purpose.
The Senate amendment contained an identical provision.
The conference agreement includes a provision that would
authorize $248.4 million for defense nuclear waste disposal
activities of the Department of Energy for fiscal year 1996.
Subtitle B--Recurring General Provisions
Reprogramming (sec. 3121)
The House bill contained a provision (sec. 3121) that
would prohibit the reprogramming of funds in excess of 110
percent of the amount authorized for the program concerned, or
in excess of $1.0 million above the amount authorized for the
program unless the Secretary of Energy notifies the
congressional defense committees and a period of 30 days has
elapsed subsequent to the receipt of notification. Should the
Department demonstrate that it has improved its procedures for
handling reprogramming requests, the Armed Services Committee
of the Senate and the National Security Committee of the House
would consider a return to a more flexible reprogramming
process.
The Senate amendment contained a similar provision.
The Senate recedes.
Limits on general plant projects (sec. 3122)
The House bill contained a provision (sec. 3122) that
would limit the initiation of ``general plant projects''
authorized by the bill if the current estimated cost for any
project exceeds $2.0 million. However, the provision would
require the Secretary of Energy to provide the congressional
defense committees with notification and an explanation for a
general plant project cost variation that raises the cost of
any project above $2.0 million.
The Senate amendment contained a similar provision.
The Senate recedes.
Limits on construction projects (sec. 3123)
The House bill contained a provision (sec. 3123) that
would permit initiation and continuation of a Department of
Energy construction project if the estimated cost for the
project does not exceed 125 percent of the higher of: (1) the
funds authorized for the project; or (2) the most recent total
estimated cost presented to the Congress as justification for
such project. The Secretary of Energy would submit a detailed
report to the congressional defense committees for any project
that exceeds such limits, and the report would be submitted
within the 30 legislative days following a decision to initiate
or continue such a project.
The House provision would also specify that the 125
percent limitation would not apply to any project with an
estimated cost below $5.0 million.
The Senate amendment contained a similar provision.
The Senate recedes.
Fund transfer authority (sec. 3124)
The Senate amendment contained a provision (sec. 3124)
that would authorize the transfer of Department of Energy funds
to other agencies of the government for performance of work for
which the funds were authorized and appropriated. The provision
would permit another agency to merge the transferred funds with
that agency's authorized and appropriated funds.
The provision would also authorize the Department to
transfer funds internally among its appropriations accounts, up
to a limit of five percent of the authorized amount.
The House bill contained a similar provision.
The House recedes with an amendment that would stipulate
that, for any such internal transfers or reprogrammings
pursuant to this section, weapons activities shall be regarded
by the Department as having higher priority than environmental
management activities or other defense activities.
Authority for conceptual and construction design (sec. 3125)
The House bill contained a provision (sec. 3125) that
would limit the Secretary of Energy's authority to request
construction funding until the Secretary has certified a
conceptual design. If the cost of the conceptual design exceeds
$3.0 million, the Secretary must request the amount from
Congress before submitting a request for the construction
project. The Secretary may carry out construction design
services if their cost is less than $0.6 million. Greater costs
for construction design would be required to be authorized by
law.
The Senate amendment contained a similar provision.
The Senate recedes.
Authority for emergency planning, design, and construction activities
(sec. 3126)
The House bill contained a provision (sec. 3126) that
would permit the Secretary of Energy to utilize available funds
to perform planning and design for any unauthorized Department
of Energy national security program construction project based
on the Secretary's determination that the design must proceed
expeditiously for the protection of public health, safety, and
property, or to meet the needs of the national defense.
The Senate amendment contained a similar provision (sec.
3126).
The Senate recedes.
Funds available for all national security programs of the Department of
Energy (sec. 3127)
The House bill contained a provision (sec. 3127) that
would authorize amounts appropriated for management and support
activities and for general plant projects to be made available
for use, when necessary, in connection with all national
security programs of the Department of Energy.
The Senate amendment contained a similar provision.
The Senate recedes.
Availability of funds (sec. 3128)
The House bill contained a provision (sec. 3128) that
would authorize amounts appropriated for operating expenses or
for plant and capital equipment to remain available until
expended.
The Senate amendment contained a similar provision.
The Senate recedes.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Authority to conduct a program relating to fissile materials (sec.
3131)
The House bill contained a provision (sec. 3131) that
would authorize the Secretary of Energy to conduct a program to
improve fissile material protection, control, and
accountability in Russia. The provision would also require
notification to the Congress prior to obligation of funds.
The Senate amendment did not contain a similar provision.
The Senate recedes with an amendment.
The conferees agree to a provision that would authorize
the Secretary of Energy to conduct a program to improve fissile
material protection, control, and accountability in Russia. The
provision would also require the Secretary to provide a semi-
annual report to Congress on the obligation of funds for the
preceding six month period and on the plans for obligation of
those funds.
The conferees direct that each report shall include the
following: a forecast of planned expenditures, broken out by
major program elements and program achievements; and a
description of procedures to ensure that funds are used for the
purposes and activities for which they were authorized. The
report shall be submitted in classified and unclassified forms.
National Ignition Facility (sec. 3132)
The House bill contained a provision (sec. 3132) that
would limit the expenditure of funds appropriated for the
National Ignition Facility (NIF) until the Secretary of Energy
determines that the NIF does not impede U.S. nuclear non-
proliferation objectives and then notifies the Congress.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit the
expenditure of construction funds for the NIF until the
Secretary makes the determination and notifies the Congress.
Tritium production program (sec. 3133)
The House bill contained a provision (sec. 3133a) that
would authorize $50.0 million, for a project that would provide
a long-term source of tritium, subsequent to the Secretary of
Energy's completion of a record of decision on the tritium
production program and the conclusion of congressional
hearings.
The Senate amendment contained a provision (sec. 3131)
that would authorize $50.0 million to conduct an assessment of
various types of reactors and an accelerator. The provision
would ensure that any new tritium production facility would be
located at the Savannah River Site. It would also authorize
$5.0 million from weapons activity funds for tritium target
work in reactors.
The Senate recedes with an amendment that would provide
for: $50.0 million to establish a program to provide a tritium
production source; $5.0 million for tritium target work to be
administered by the Idaho National Engineering Laboratory; a
new tritium facility at the Savannah River Site; the
Secretary's cost/benefit comparison between performance of the
tritium production mission and the fissile materials
disposition mission with a single multi-purpose reactor project
and performance of these missions with two separate projects;
and a long-term tritium production funding plan to Congress
within 45 days of enactment of this Act.
The conferees direct the Secretary of Energy to establish
both headquarters and field offices for the national tritium
production program within Defense Programs. The conferees
direct that these offices be adequately staffed by Federal
technical experts in accelerators, reactors, and other relevant
areas of science and technology. The conferees further direct
that the Savannah River Operations Office be designated as the
tritium production field office.
Payment of penalties assessed against Rocky Flats site (sec. 3134)
The House bill contained a provision (sec. 3103) that
would authorize the Secretary of Energy to pay for civil
penalties assessed in accordance with a federal facility
agreement and consent order against the Rocky Flats site in
Colorado.
The Senate amendment contained a similar provision (sec.
3105).
The Senate recedes.
As indicated in the Senate report (S. Rept. 104-112), the
conferees are concerned about the diversion of Department of
Energy funds for payment of fines and penalties. The conferees
agree that this is an issue that warrants continued monitoring.
Fissile materials disposition (sec. 3135)
The budget request included $70.0 million for the fissile
materials disposition program.
The Senate amendment contained a provision (sec. 3132)
that would authorize $70.0 million for the storage and
disposition of fissile materials that are excess to U.S.
national security needs. Of this amount, $10.0 million would be
available for a plutonium resource assessment.
The House bill contained a provision (sec. 3133(b)) that
would authorize $70.0 million for plutonium storage and
disposition, including the multipurpose advanced light water
reactor. Of that amount, $5.0 million would be available for
evaluating the conversion of plutonium to oxide fuel material
for the multipurpose reactor. Sufficient funds would also be
made available to fully assess the multipurpose reactor in the
Department of Energy's (DOE's) programmatic environmental
impact statement on fissile materials disposition.
The Senate recedes with an amendment.
The conferees authorize $70.0 million be made available
for evaluation and implementation of interim- and long-term
storage and disposition of plutonium, highly enriched uranium,
and other fissile materials that are excess to the national
security needs of the U.S. The conferees direct that the
evaluation include full consideration of light water and gas
turbine reactors. The conferees further direct that sufficient
funds be made available for the complete consideration of
multipurpose reactors in the DOE programmatic environmental
impact statement on fissile materials disposition. The
conferees endorse the views expressed in the House Report (H.
Rept. 104-131) regarding the National Resource Center for
Plutonium.
Tritium recycling (sec. 3136)
The Senate amendment contained a provision (sec. 3133)
that would require Department of Energy weapons program tritium
recycling to be carried out at the Savannah River Site. The
Senate provision would allow the Los Alamos National Laboratory
to conduct the following activities related to tritium: (1)
research on tritium properties; (2) inertial confinement fusion
tritium research; (3) technical assistance for the Savannah
River Site regarding the weapons surveillance program, as
directed by the Savannah River Site Office. Except as noted
above, the Savannah River Site Office and its on-site
contractor would be responsible for all tritium-related
national security activities of the U.S. Department of Energy.
The House bill contained no similar provision.
The House recedes.
Manufacturing infrastructure for refabrication and certification of
nuclear weapons stockpile (sec. 3137)
The Senate amendment included a provision (sec. 3134)
that would authorize $143.0 million to carry out a program to
meet the manufacturing infrastructure requirements of the
President's Nuclear Posture Review through near-term
modernization of technology at the four production plants cited
in this section.
The House bill contained no similar provision.
The House recedes with an amendment. The conferees
require that this initiative provide for enhanced stockpile
surveillance, advanced manufacturing, and core stockpile
management activities at these plants. This requirement
includes fundamental initiatives in advanced manufacturing, and
additional emphasis on advanced computerized manufacturing and
revalidation techniques at these plants. The conferees direct
the Secretary of Energy to ensure that requirements for primary
pit refabrication are addressed in the on-going Programmatic
Environmental Impact Statement (PEIS) on Stockpile Stewardship
and Management. Should it be determined, based on the PEIS,
that there is a need for such a capacity, the conferees require
the Secretary to undertake a conceptual design study of an
appropriately sized weapon primary pit refabrication,
manufacturing and reuse facility and to consider the Savannah
River Site for that role. Up to $5.0 million would be available
for this study from the stockpile management program resources.
The conferees direct the Secretary to treat this
initiative as a high weapons activity program priority with new
budget authority. Further, the conferees authorize $118.2
million above the DOE Stockpile Management budget request to
pursue this initiative in fiscal year 1996 at the four
production plants, without an impact on the current planned
program activities at these plants. The conferees further
direct that the remaining $24.8 million required for this
initiative be made available from core stockpile management,
reconfiguration and materials surveillance funds. The conferees
recommend that the rate of expenditure for this initiative at
each plant be proportionate to the plant's allocation of the
entire initiative.
Hydronuclear experiments (sec. 3138)
The Senate amendment contained a provision (sec. 3135)
that would authorize $50.0 million in fiscal year 1996 to
prepare the Nevada Test Site for hydronuclear experiments that
would yield four pounds (TNT equivalent) or less. The
experiments would be conducted to maintain confidence in the
safety and reliability of the nuclear weapons stockpile. Zero
yield experiments could be included in the fiscal year 1996
experiments as part of the test site preparation.
The House bill contained no similar provision.
The House recedes with an amendment providing $30.0
million for such purposes.
Limitation on authority to conduct hydronculear tests (sec. 3139)
The Senate amendment contained a provision (sec. 3108)
that would limit this Act by confirming that nothing in this
Act authorizes hydronuclear tests and that nothing in this Act
amends or repeals the Exon-Hatfield Amendment (section 507 of
Public Law 102-377) which places limitations on U.S. nuclear
testing.
The House bill contained no similar provision.
The House recedes with an amendment.
Fellowship program for development of skills critical to the Department
of Energy nuclear weapons complex (sec. 3140)
The Senate amendment contained a provision (sec. 3136)
that would provide $10.0 million from Stockpile Management
funds to begin a science and engineering fellowship program for
the Pantex Plant, the Kansas City Plant, the Savannah River
Site and the Y-12 Plant. The program would provide educational
and research assistance to attract scientists and engineers
with the skills most relevant to plant employment opportunities
and mission requirements.
The House bill contained no similar provision.
The House recedes.
Limitation on use of funds for certain research and development
purposes (sec. 3141)
The Senate amendment contained a provision (sec. 3138)
that would limit the obligation of fiscal year 1996 Atomic
Energy Defense Activity funds for the Department of Energy
laboratory directed research and development (LDRD) program and
the Department of Energy technology transfer programs, unless
such activities support the national security missions of the
Department.
The House bill contained no similar provision.
The House recedes.
The conferees believe the scientific and engineering
challenges embodied in the emerging stockpile stewardship and
stockpile management programs are more than sufficient to
maintain the laboratories' preeminence in science and
engineering. Therefore, the laboratories should expeditiously
begin to focus the program resources on the pressing needs of
the nuclear weapons program.
Processing and treatment of high level nuclear waste and spent nuclear
fuel rods (sec. 3142)
The Senate amendment contained a provision (sec. 3139)
that would recommend $2.5 million for the electrometallurgical
processing activities at the Idaho National Engineering
Laboratory. This amendment would also recommend $45.0 million
to develop technologies for the processing of spent fuel rods
at the Savannah River Site and at the Idaho National
Engineering Laboratory.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize
$45.0 million for the development of a program to respond
effectively to the new management requirements for spent fuel.
These new requirements are the result of a decision set forth
in the Department of Energy's Record of Decision, dated May 30,
1995, prepared in relation to the Department's spent nuclear
fuel management program. That decision provided for the
consolidation at the Savannah River Site and at the Idaho
National Engineering Laboratory of spent nuclear fuel that has
been transported from various sites in the United States, spent
fuel from naval reactors, and spent fuel from foreign reactors.
The conferees authorize $30.0 million for the Savannah River
Site for the development of a program for the processing and
interim storage of aluminum clad spent fuel rods and foreign
spent fuel rods. The conferees authorize $15.0 million for the
Idaho National Engineering Laboratory for a similar program for
nonaluminum clad spent fuel rods, foreign spent fuel rods, and
naval spent fuel. The conferees require the Secretary of Energy
to submit to Congress a detailed five-year implementation plan
that would provide cost estimates, completion dates, and
technological requirements for completion of the program.
The conferees also authorize, from technology development
program funds within Environmental Restoration and Waste
Management, $25.0 million for the development of
electrometallurgical waste treatment technologies at the
Argonne National Laboratory.
Protection of workers at nuclear weapons facilities (sec. 3143)
The Senate amendment contained a provision (sec. 3142)
that would authorize $10.0 million from the operations and
maintenance resources of the Environmental Restoration and
Waste Management Program to carry out activities related to
worker protection at nuclear weapons facilities.
The House bill contained no similar provision.
The House recedes.
Department of Energy declassification productivity initiative (sec.
3144)
The budget request did not identify funding for the
Declassification Productivity Initiative that began in fiscal
year 1995.
The Senate amendment contained a provision (sec. 3140)
that would authorize $3.0 million from other national security
programs for the Declassification Productivity Initiative (DPI)
at the Department of Energy.
The House bill contained no similar provision.
The House recedes.
The conferees note that Executive Order 12958, signed by
the President on April 9, 1995, mandates that millions of
classified documents be declassified by the year 2000. While it
remains paramount that the Department maintain the integrity of
its national security information, the conferees agree that
substantial savings can be realized by reducing the volumes of
unduly classified documents, and by modifying unnecessary and
overly-burdensome classification policies. The conferees
authorize $3.0 million for the DPI and recommend that the
Department request appropriate funding for the initiative in
future budget submissions.
Subtitle D--Other Matters
Report on foreign tritium purchases (sec. 3151)
The House bill contained a provision (sec. 3141) that
would require the President to submit a report to Congress by
February, 1996, on the feasibility, cost, and ramifications of
purchasing tritium for the nuclear weapons program from foreign
suppliers.
The Senate amendment contained a similar provision (sec.
3163) that would require the President to submit the same
report to the congressional defense committees by May 30, 1997.
The Senate recedes with an amendment that would require
the report by May 1, 1996.
Study on nuclear test readiness postures (sec. 3152)
The House bill contained a provision (sec. 3142) that
would require the Secretary of Energy to submit a report to
Congress by February 15, 1996. The report would address cost
and other issues related to the Department of Energy's
capability to conduct underground nuclear testing within 6
months, 18 months, and 36 months from the date that the
President determines that such testing is necessary to ensure
the national security of the United States.
The Senate amendment contained no similar provision.
The Senate recedes.
Master plan for the certification, stewardship, and management of
warheads in the nuclear weapons stockpile (sec. 3153)
The House bill contained a provision (sec. 3143) that
would require the Secretary of Defense, in consultation with
the Secretary of Energy, to submit a plan to Congress that
would describe in detail the proposed means of demonstrating
the capability to refabricate and certify old warheads and to
design and build new warheads. The provision would require
submission of the report not later than March 15, 1996.
The Senate amendment contained a provision (sec. 3165)
that would require the Secretary of Energy to produce, by March
15, 1996, and every year thereafter, a plan for maintaining the
enduring nuclear weapons stockpile. That plan would involve at
least six specific elements, to include a plan for the
manufacturing infrastructure, necessary to maintain the nuclear
weapons stockpile stewardship and management programs.
The House recedes with an amendment that would explicitly
incorporate the requirements of the House provision into the
manufacturing infrastructure requirements section of the Senate
provision. Both sets of requirements are based on the
Department of Energy infrastructure requirements section of the
Nuclear Posture Review.
Prohibition on international inspections of Department of Energy
facilities unless protection of restricted data is certified
(sec. 3154)
The House bill included a provision (sec. 3144) that
would prohibit international inspections of Department of
Energy facilities unless the Secretary of Energy certifies that
sensitive and/or restricted data has been adequately
safeguarded.
The Senate amendment did not contain a similar provision.
The Senate recedes with an amendment.
The conferees agree to a provision that would prohibit an
inspection of a nuclear weapons facility by the International
Atomic Energy Agency (IAEA) until the Secretary of Energy
certifies to Congress that no restricted data would be revealed
during the inspection.
The conferees direct the Secretary to ensure that the
certification to Congress is made prior to the inspection. If
the Secretary of Energy cannot provide certification in advance
of an inspection because of a short-notice (24-hour) request,
the Secretary shall provide certification no later than seven
days after the inspection has been conducted. The certification
shall also describe the steps taken by the Secretary to ensure
the protection of the restricted data during the inspection.
Review of certain documents before declassification and release (sec.
3155)
The conference agreement includes this provision to
strongly urge the President to immediately review and revise
Executive Order 12958, which provides for the automatic
declassification and public release of documents containing
National Security Information within five years, regardless of
prior review. Included under this order are Department of
Energy documents that potentially contain restricted data on
nuclear weapons design, production and testing, and Department
of Defense documents that potentially contain information on
nuclear weapons operations and support. Automatic
declassification thereby creates the risk of releasing nuclear
weapons information to potential proliferators. This would
constitute a grave risk to U.S. national security and to non-
proliferation efforts.
The conferees believe that the automatic declassification
of national security records that contain restricted data would
constitute a violation of the legal protections for restricted
data, mandated by the Atomic Energy Act of 1954, as amended.
The conferees recognize that the Executive Order provides an
exemption for the automatic declassification of restricted
data. However, the conferees are concerned that some classified
documents may contain restricted data information without
reflecting that fact on the classification records. Therefore,
there is no practical means to ensure the protection of
restricted data and apply an automatic declassification system.
Accelerated schedule for environmental management activities (sec.
3156)
The House bill contained a provision (sec. 3145) that
would permit the Secretary of Energy to accelerate the schedule
for environmental management activities and projects for any
specific Department of Energy defense nuclear facility site, if
such efforts would yield substantial long-term cost savings and
speed up the release of land for development.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment. The
amended provision would require the Secretary of Energy to
submit a report to Congress by May 1, 1996 regarding site
selection for the accelerated program.
Sense of Congress on certain environmental restoration requirements
(sec. 3157)
The Senate amendment contained a provision (sec. 3107)
that would express the sense of Congress that individuals in
the executive branch should not be held personally liable for
failure to comply with an environmental cleanup requirement
when the failure to comply is due to congressional
appropriations decisions.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees agree that no individual acting within the
scope of employment with a Federal agency or department should
be personally subject to civil or criminal sanctions for any
failure to comply with an environmental cleanup requirement
that is the result of inadequate funding.
Responsibility for defense programs emergency response program (sec.
3158)
The Senate amendment contained a provision (sec. 3161)
that would require the Assistant Secretary of Energy for
Defense Programs to retain the responsibility for the Defense
Programs Radiological/Nuclear Accident Response Program. That
program includes the seven emergency response assets needed to
carry out the mission: the Aerial Measuring System; the
Atmospheric Release Advisory Capability; the Accident Response
Group; the Federal Radiological Monitoring and Assessment
Center; the Nuclear Emergency Search Team; the Radiological
Assistance Program; and the Radiation Emergency Assistance
Center/Training Site.
The House bill contained no similar provision.
The House recedes.
Requirements for Department of Energy weapons activities budgets for
fiscal years after fiscal year 1996 (sec. 3159)
The Senate amendment contained a provision (sec. 3162)
that would require the Department of Energy (DOE) to remedy
past and present items of congressional criticism related to
the clarity of the Department's budget submission. The Senate
provision would require the Department to explicitly relate its
budget submission to the requirements of the Nuclear Posture
Review.
The House bill contained no similar provision.
The House recedes.
Report on hydronuclear testing (sec. 3160)
The Senate amendment contained a provision (sec. 3164)
that would require the Secretary of Energy to direct the Los
Alamos and Lawrence Livermore National Laboratories to prepare
a report that would assess the advantages and disadvantages of
permitting alternative limits for nuclear test yields, from at
least four pounds to 20 tons, as related to the safety and
reliability of the nuclear weapons stockpile. In addition to
the yields explicitly cited, the report would address other
yields, as appropriate, but would remain focused on the
advantages and disadvantages of sub-kiloton testing, as related
to stockpile safety and reliability.
The House bill contained no similar provision.
The House recedes with an amendment that adjusts the
nuclear test yields of interest.
Applicability of Atomic Energy Community Act of 1955 to Los Alamos, New
Mexico (sec. 3161)
The Senate amendment contained a provision (sec. 3166)
that would amend and specify certain requirements of the Atomic
Energy Community Act of 1955 for the community of Los Alamos,
New Mexico.
The House bill contained no similar provision.
The House recedes.
Sense of Congress regarding shipments of spent nuclear fuel (sec. 3162)
THe Senate amendment contained a provision (sec. 3167)
that would express a sense of the Senate that the Secretary of
Defense, the Secretary of Energy, and the Governor of the State
of Idaho should continue good faith negotiations for the
purpose of reaching an agreement on the issue of shipments of
spent nuclear fuel from naval reactors.
The House bill included no similar provision.
The House recedes with an amendment that would express
the sense of Congress that: (1) the Congress recognizes the
need to implement the terms, conditions, rights, and
obligations contained in the settlement agreement reached
between the United States and the State of Idaho regarding
shipment, examination, and storage of naval spent nuclear fuel
at Idaho; and (2) that funds requested by the President to
carry out the settlement agreement and consent order should be
appropriated for that purpose.
legislative provisions not adopted
Education program for personnel critical to the nuclear weapons complex
The Senate amendment contained a provision (sec. 3137)
that would authorize $10.0 million from the Stockpile
Stewardship Program to conduct an education program designed to
establish a long-term supply of personnel with skills critical
to the nuclear weapons complex. The program would: (1)
encourage and assist students in the study of science,
mathematics, and engineering; (2) enhance teaching skills in
critical areas; and (3) increase scientific understanding of
the general public.
The House bill contained no similar provision.
The Senate recedes.
The conferees agree to authorize $10.0 million from the
Stockpile Stewardship Program. The conferees note that because
existing legislation authorizes such activities, up to $10.0
million would be authorized for this purpose, without a
separate authorization provision.
Applicability of Atomic Energy Community Act of 1955 to Los Alamos, New
Mexico (sec. 3161)
The Senate amendment contained a provision (sec. 3166) that
would amend and specify certain requirements of the Atomic
Energy Community Act of 1955 for the community of Los Alamos,
New Mexico.
The House bill contained no similar provision.
The House recedes.
Sense of Congress regarding shipments of spent nuclear fuel (sec. 3162)
The Senate amendment contained a provision (sec. 3167) that
would expense a sense of the Senate that the Secretary of
Defense, the Secretary of Energy, and the Governor of the State
of Idaho should continue good faith negotiations for the
purpose of reaching an agreement on the issue of shipments of
spent nuclear fuel from naval reactors.
The House bill included no similar provision.
The House recedes with an amendment that would express the
sense of Congress that: (1) the Congress rcognizes the need to
implement the terms, conditions, rights, and obligations
contained in the settlement agreement reached between the
United States and the State of Idaho regarding shipment,
examination, and storage of naval spent nuclear fuel at Idaho;
and (2) that funds requested by the President to carry out the
settlement agreement and consent order should be appropriated
for that purpose.
Authority to reprogram funds for disposition of certain spent nuclear
fuel
The Senate amendment contained a provision (sec. 3141)
that would authorize the Secretary of Energy to reprogram up to
$5.0 million in fiscal year 1996 funds available to the
Department for the disposition of spent nuclear fuel in the
Democratic People's Republic of Korea (DPRK), in order to meet
International Atomic Energy Agency (IAEA) safeguard standards
and fulfill the October 21, 1994 agreement between the United
States and the DPRK.
The House bill did not contain a similar provision.
The Senate recedes.
In order to meet International Atomic Energy Agency
safeguard standards and fulfill the October 21, 1994 agreement
between the United States and the DPRK, the conferees recommend
$3.6 million for the disposition of spent nuclear fuel. In
authorizing these funds, the conferees make no judgment
regarding the merits of the October 1994 agreement.
Title XXXII--Defense Nuclear Facilities Safety Board
legislative provisions
legislative provisions adopted
Authorization (sec. 3201)
The House bill contained a provision (sec. 3201) that
would authorize $17.0 million for the Defense Nuclear
Facilities Safety Board.
The Senate amendment contained an identical provision
(sec. 3201).
the conferees recommend $17.0 million for the Board.
Title XXXIII--National Defense Stockpile
legislative provisions
legislative provisions adopted
Subtitle A--Authorization of Disposals and Use of Funds
Disposal of chromite and manganese ores and chromium ferro and
manganese metal electrolytic (sec. 3303)
The House bill contained a provision (sec. 3302) that
would require the granting of right of first refusal to
domestic ferroalloy upgraders, for certain disposals.
The Senate amendment contained a similar provision (sec.
3403).
The House recedes with a technical amendment regarding
the definition of a domestic ferroalloy upgrader.
Restrictions on disposal of manganese ferro (sec. 3304)
The House bill contained a provision (sec. 3303) that
would require that certain grade manganese ferro not be
disposed of from the National Defense Stockpile until the
disposal of lower grade inventory material had been completed.
The provision would also require that certain grade manganese
ferro only be sold for remelting in a submerged arc
ferromanganese furnace.
The Senate amendment contained a similar provision (sec.
3404) that would require certain grade manganese ferro to be
sold only for remelting by a domestic ferroalloy producer.
The House recedes.
Titanium initiative to support battle tank upgrade program (sec. 3305)
The House bill contained a provision (sec. 3304) that
would direct the transfer of titanium sponge from the National
Defense Stockpile to the Army for use in the weight reduction
portion of the main battle tank upgrade program. The transfer
would be without cost to the Army, except for transportation
and similar costs.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle B--Programmatic Change
Transfer of excess defense-related materials to stockpile for disposal
(sec. 3311)
The Senate amendment contained a provision (sec. 3405)
that would direct the transfer of suitable, uncontaminated
Department of Energy inventory items to the National Defense
Stockpile for disposal.
The House bill contains no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Disposal of obsolete and excess materials contained in the National
Defense Stockpile
The Senate amendment contained a provision (sec. 3402)
that would authorize the disposal of materials from the
National Defense Stockpile.
The House bill contained no similar provision.
The Senate recedes.
The defense committees and the conferees have recommended
that new disposal authority be granted in the reconciliation
process, rather than authorization.
Title XXXIV--Naval Petroleum Reserves
legislative provisions
legislative provisions adopted
Subtitle A--Administration of Naval Petroleum Reserves
Authorization of appropriations (sec. 3401)
The House bill contained a provision (sec. 3401) that
would authorize fiscal year 1996 appropriations for the
operation of the Naval Petroleum Reserves.
The Senate amendment contained no similar provision.
The Senate recedes.
Price requirement on sale of certain petroleum during fiscal year 1996
(sec. 3402)
The House bill contained a provision (sec. 3402) that
would require that the sale of any oil produced at the Naval
Petroleum Reserves be transacted for a price that is not less
than 90 percent of the sales price of comparable petroleum from
the same area, as estimated by the Secretary of Energy.
The Senate amendment contained no similar provision.
The Senate recedes.
Subtitle B--Sale of Naval Petroleum Reserve
Future of Naval Petroleum and Oil Shale Reserves (secs. 3411-3416)
The House bill contained a provision (sec. 3403) that
would provide for the sale of the Naval Petroleum Reserve
Numbered 1 (NPR-1), also known as Elk Hills located in Kern
County, California. The House bill also contained a provision
(sec. 3404) that would require the Secretary of Energy to
conduct a study to determine what should be done with the other
five remaining reserves in the Naval Petroleum and Oil Shale
Reserves.
The Senate amendment contained similar provisions (secs.
3301 and 3302).
The conference agreement includes several provisions
related to the future of the Naval Petroleum and Oil Shale
Reserves that would provide for the sale of NPR-1 by
competitive bid within one year of enactment. The agreement
would also require the Secretary of Energy to submit a report
that would recommend a course of action that would maximize the
value of the five remaining reserves to the federal government.
The conferees believe that the sale of NPR-1 can be
justified based on the fact that there is no longer a military
need for these reserves. Since the Arab oil embargo, the
likelihood of a sustained interruption in supply has fallen and
the market has shown itself to be responsive in pricing and
allocating oil during periods of uncertain supply.
In addition, the conferees are concerned about the long-
term implications of government participation in what has
become a commercial oil business. The conferees believe that
producing and selling oil and natural gas should be performed
within the private sector. That belief is shared by the
administration which also proposed the sale of the reserve.
The sale of NPR-1 will help save the federal government
over a billion dollars in operating costs and several hundred
million dollars in interest payments. These savings are in
addition to the increased tax revenues and the $1.5 to $2.5
billion in receipts that will result from the sale. Even after
deducting the lost annual revenues resulting from the sale,
these savings and receipts will result in a substantial net
increase to the Treasury.
The conference agreement contains a number of safeguards
so that the sale of NPR-1 will ensure the government realizes
the maximum amount of revenues possible. The provisions would
require the Secretary of Energy to obtain credible appraisals
of the value of the reserve before setting a minimum acceptable
sales price. In addition, the valuation must include all
existing infrastructure, the estimated quantity of petroleum
and natural gas in the reserve, and the anticipated revenue
stream that the Treasury would receive if the reserve was not
sold. The Secretary could not accept bids lower than the
minimum acceptable price and could not enter into contracts for
sale until the end of a 31-day period following notification to
Congress. The proceeds from the sale would be deposited in the
Treasury.
In addition, if the Secretary of Energy and the Director
of the Office of Management and Budget jointly determine that
the sale of NPR-1 is proceeding in a manner that is
inconsistent with the best interests of the United States, the
Secretary may suspend the sale. The Secretary must then wait
for further legislation authorizing the continuation of the
sale. The conferees believe the Secretary should suspend the
sale only after all efforts have been made to ameliorate any
difficulties in the sale of the reserve.
In the event the Secretary is not able to comply with the
deadlines included in these provisions, the Secretary and the
Director of the OMB would be required to notify Congress and
submit a plan of alternative action.
The conference agreement provides for the transfer of a
current environmental permit (50 CFR 13.25) in order to allow
the purchaser to continue the operation of the field with all
the environmental safeguards provided by the federal
government. In addition, the conferees expect that this will
ensure that the value of the field will not be diminished by
the uncertain timing of obtaining a new permit.
In response to a potential legal claim by the State of
California, on behalf of the California State Teachers
Retirement Fund, the provisions would set aside nine percent of
the net proceeds in a contingent fund. These funds would be
available, subject to appropriations, for the payment of any
valid claims resulting from a settlement between the Secretary
of Energy and the State of California or a judgement by a court
of competent jurisdiction. The conferees expect that
California's release of its claim would be contingent upon an
appropriation of funds per any settlement agreement or court
decision.
Title XXXV--Panama Canal Commission
legislative provisions
legislative provisions adopted
Panama Canal Commission (Title XXXV)
The House call contained several provisions (secs. 3501-
3503) that would provide the authorization of expenditures for
the Panama Canal Commission revolving fund.
The Senate amendment contained similar provisions (secs.
3501-3502).
The Panama Canal Commission does not draw from U.S.
taxpayer funds for operation of the Canal, but operates on a
self-sustaining basis, utilizing tolls and other revenues to
cover its operating, administrative, and capital improvements
expenses. The Senate amendment would provide for slightly
greater allowances for official representation expenses than
the House bill. The Senate amendment would also limit the cost
of vehicles purchased for use by the Commission. The House bill
contained a requirement that the vehicles be built in the
United States.
The House recedes on these items. However, the conferees
note that the Commission has in the past purchased vehicles
built in the United States and would encourage that practice to
continue.
The House bill included additional provisions (secs.
3521-3531), not in the Senate amendment, that would facilitate
the transition and the operation of the Canal as an autonomous
entity after it is transferred to Panama at the end of 1999.
Section 3522 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484) required that the
President review and report on possible changes that would ease
the transition process. The legislative provisions contained in
sections 3521-3531 of the House bill would implement, with only
minor clarifying changes, the administration's recommendations
contained in the report transmitted to the Congress on April
12, 1994.
The Senate recedes with an amendment that would delete
section 3524 of the House bill entitled ``International
Advisors''.
The conferees agree that the Canal's governing board of
supervisors can consult with and obtain expert advice from
those in the international shipping and financial community
without the necessity of a legislative provision.
Division D--Federal Acquisition Reform
legislative provisions
legislative provisions adopted
Overview
Acquisition reform provisions with government-wide
application were included in title VIII of the House bill.
Subsequently, the House passed H.R. 1670, a freestanding bill
which addressed many of the same, as well as, other issues. The
Senate amendment contained a number of acquisition policy
provisions. The conferees considered all of these provisions
before agreeing to include the following legislation in the
conference agreement. The following is a section-by-section
description of the provisions adopted by the conferees.
Title XLI--Competition
Efficient competition (sec. 4101)
The conference agreement includes a provision that would
amend section 2304 of title 10 and section 253 of title 41.
United States Code. The provision would direct that the Federal
Acquisition Regulation ensure that the requirement to obtain
full and open competition is implemented in a manner that is
consistent with the need to efficiently fulfill the
government's requirements. This provision makes no change to
the requirement for full and open competition or to the
definition of full and open competition.
Efficient approval procedures (sec. 4102)
The conference agreement includes a provision that would
amend section 2304 of title 10 and section 253 of title 41,
United States Code, by raising the dollar thresholds for
contracts that require the approval of the use of other than
competitive procedures by higher level agency officials.
Efficient competitive range determinations (sec. 4103)
The conference agreement includes a provision that would
allow a contracting officer, in procurements involving
competitive negotiations, to limit the number of proposals in
the competitive range to the greatest number that would permit
an efficient competition among the most highly rated
competitors. The conferees intend that the determination of the
competitive range be made after the initial evaluation of the
proposals, on the basis of the rating of those proposals. The
rating shall be made on the basis of price, quality and other
factors specified in the solicitation for the evaluation of the
proposals.
Preaward debriefings (sec. 4104)
The conference agreement includes a provision that would
require that, prior to a contract award, a contracting officer
provide a debriefing to any interested offerors on the reasons
for that offeror's exclusion from the competitive range in a
competitive negotiation. The provision would specify
information that must be provided to an unsuccessful offeror
upon written request for a debriefing, as well as limitations
on the types of information that may be provided. The provision
also would require the Federal Acquisition Regulation to
include a provision encouraging the use of alternative dispute
resolution techniques to provide informal, expeditious, and
inexpensive procedures for an offeror to consider using before
filing a protest.
Design-build selection procedures (sec. 4105)
The conference agreement includes a provision that would
authorize the use of two-phase selection procedures for
entering into contracts for the design and construction of a
public building, facility, or work. The provision details the
considerations that would be used by a contracting officer to
determine whether to use two-phase selection procedures and
describes the process to be followed under the two-phase
selection procedure. The provision would also limit the number
of proposals to be considered in the second phase to no more
than five, unless the agency determines that a greater number
is in the government's interest. This provision is not intended
to modify the Brooks Architect-Engineers Act.
Title XLII--Commercial Items
Commercial item exception to requirement for cost or pricing data (sec.
4201)
The conference agreement includes a provision that would
amend section 2306a of title 10 and section 254b of title 41,
United States Code, to exempt suppliers of commercial items
under contracts and subcontracts with federal agencies from the
requirement to submit certified cost and pricing data. The
provision would include the requirement that, in the cases of
such contracts or subcontracts, contracting officers shall
require the submission of data other than certified cost or
pricing data to the extent necessary to determine price
reasonableness. In recognition of the authority of the General
Accounting Office to audit contractor records, the conferees
have removed the specific audit authorities in the Federal
Acquisition Streamlining Act of 1994 (Public Law 103-355) that
relate to information supplied by commercial suppliers in lieu
of certified cost and pricing data.
Application of simplified procedures to certain commercial items (sec.
4202)
The conference agreement includes a provision that would
allow the use of simplified procedures for the acquisition of
commercial items with a purchase value of $5.0 million or less
when a contracting officer reasonably expects that offers in
response to a solicitation would only include commercial items.
The provision would specify that implementing regulations
provide that all responsible offerors in procurements conducted
under this authority be permitted to submit a bid, proposal, or
quotation that shall be considered by the agency. The conferees
intend that the flexible notice provision be implemented in a
manner that would provide offerors with a reasonable
opportunity to respond. The provision would also prohibit sole
source procurement unless the need is justified in writing in
accordance with section 2304 of title 10 or section 253 of
title 41, United States Code. The authority for the use of
simplified procedures under this section would expire at the
end of the three-year period, beginning on the date of the
issuance of the final implementing regulations.
Inapplicability of certain procurement laws to commercially available
off-the-shelf items (sec. 4203)
The conference agreement includes a provision that would
require that the Federal Acquisition Regulation include a list
of provisions that are inapplicable to contracts for the
procurement of commercially available off-the-shelf items. The
list would be required to include each provision of law that,
in the opinion of the Administrator of the Office of Federal
Procurement Policy, imposes on persons who have been awarded
contracts by the federal government for the procurement of
commercially available off-the-shelf products government-unique
policies, procedures, requirements, or restrictions for the
procurement of property or services unless the Administrator
determines that to do so would not be in the best interest of
the United States. The list would include provisions of law
uniquely applicable to government contractors, but would not
include generally applicable provisions of law. The provision
would specifically preclude several categories of statutes from
being included on the list, such as any provision of law that
provides for civil or criminal penalties. The provision would
define commercially available off-the-shelf items as commercial
items that are sold in substantial quantities to the general
public and that are offered to the federal government in the
same form in which they have been sold to the general public.
The provision would specifically exclude from that definition
bulk cargo such as agricultural products and petroleum
products.
Amendment to commercial items definition (sec. 4204)
The conference agreement includes a provision that would
make a clarifying amendment to the definition of ``commercial
services'' in section 403(12)(F) of title 41, United States
Code. For the purpose of this section, market prices are
current prices that are established in the course of ordinary
trade between buyers and sellers free to bargain and that can
be substantiated from sources independent of the offeror.
Inapplicability of cost accounting standards to contracts and
subcontracts for commercial items (sec. 4205)
The conference agreement includes a provision that would
exempt contracts and subcontracts for commercial items from the
application of the cost accounting standards promulgated under
section 422 of title 41, United States Code. The Cost
Accounting Standards Board, in consultation with the Director
of the Defense Contract Audit Agency, shall establish guidance,
consistent with commercial accounting systems and practices, to
ensure that contractors appropriately assign costs to contracts
(other than firm, fixed-price contracts) that are covered by
the exemption for contracts or subcontracts where the price
negotiated is based on established catalog or market prices of
commercial items sold in substantial quantities to the general
public. The conferees direct that the Board issue standards to
implement this provision.
Title XLIII--Additional Reform Provisions
Subtitle A--Additional Acquisition Reform Provisions
Elimination of certain certification requirements (sec. 4301)
The conference agreement includes a provision that would
eliminate a number of statutory certification requirements for
contractors and subcontractors with the federal government. The
conferees note that the underlying requirement to comply with
the specified statutes is not affected by the elimination of
the contractor or subcontractor certification requirements. The
conferees have included a general requirement that the
Administrator of the Office of Federal Procurement Policy
(OFPP) amend the Federal Acquisition Regulation to remove
regulation-based certification requirements after a suitable
period for public notice and comment. The provision would
mandate the heads of executive agencies to follow a similar
process. The provision also includes a prohibition on the
imposition of future contractor and subcontractor certification
requirements, unless such certification is imposed by statute
or is justified in writing and approved by the Federal
Acquisition Regulatory Council and the Administrator of OFPP.
Authorities conditioned on Federal Acquisition Computer Network
(FACNET) capability (sec.4302)
The conference agreement includes a provision that would
amend section 5061 of the Federal Acquisition Streamlining Act
of 1994 (Public Law 103-484) to allow a test of alternative
procurement procedures. The amendment would remove a
requirement that the test of alternative procurement procedures
be contingent on the implementation of full federal acquisition
computer network (FACNET) electronic commerce procedures. The
Provision would also amend subsection (e) of section 427 of
title 41, United States Code, to limit the linkage between full
FACNET implementation and federal agency use of simplified
acquisition procedures to a requirement that an agency must
deploy a full FACNET capability by December 31, 1999 or revert
back to a threshold of $50,000 on the value of procurements
below which simplified procedures are authorized.
International competitiveness (sec. 4303)
The conference agreement includes a provision that would
amend section 21(e)(2) of the Arms Export Control Act to allow
the President to waive recoupment charges for non-recurring
research and development costs on foreign military sales of
major defense equipment under certain conditions. The provision
would authorize the presidential waiver if it is determined
that the levy of charges would likely result in the loss of a
sale or the elimination of charges would result in savings to
the government in the form of lower per unit costs for a
particular item of equipment. Under this provision, the
President would also be authorized to waive any portion of a
recoupment charge attributable to a correction in an earlier
estimate of a production quantity base used to calculate the
pro rata recoupment charges for a particular item. The
provision includes language that would render the use of the
waiver subject to the President's identification and
Congressional appropriation of an offset for any revenue lost
as a result of the waiver authority, from fiscal year 1997
through fiscal year 2005.
Procurement integrity (sec. 4304)
The conference agreement includes a provision that would
amend section 423 of title 41, United States Code, to revise
the restrictions on obtaining or disclosing contractor bid or
proposal information or source selection information. The
provision would prohibit, except as provided by law, present or
former federal employees from knowingly obtaining or disclosing
such information before the award of a contract to which
information relates. This provision would authorize criminal
penalties for a violation of such prohibition when such
information is exchanged for something of value or for the
purpose of allowing anyone to obtain a competitive advantage in
the award of a federal contract. The provision would authorize
civil and administrative penalties for such violations as well.
The provision would also replace the current agency-
specific recusal and post-employment restrictions applicable to
agency employees involved in certain specified procurement
actions with uniform standards applicable to all federal
agencies. The post-employment restrictions would apply to
designated officials involved in procurements over $10.0
million for a one-year period.
The recusal requirements apply to employees who are
participating personally and substantially in a procurement.
These requirements cover employees who participate personally
and substantially in one or more of the following activities:
the drafting of a specification developed for that procurement;
the review and approval of a specification developed for that
procurement; the preparation or issuance of a procurement
solicitation in that procurement; the evaluation of bids or
proposals for that procurement; the selection of sources for
that procurement; the conduct of negotiations in the
procurement; the review and approval of the award,
modification, or extension of a contract in that procurement;
such other specific procurement actions as may be specified in
implementing regulations.
The provision also would provide civil and administrative
penalties for contractors as well as for agency employees who
violate the recusal requirements or the post-employment
restrictions.
Further acquisition streamlining provisions (sec. 4305)
The conference agreement includes a provision that would
consolidate a number of provisions in the Office of Federal
Procurement Policy Act concerning findings, policies, and
purposes. The provision would also repeal the reporting
requirements in section 8 of the Act as well as make clarifying
changes to section 11 of the Act regarding the permanent
authorization of appropriations for the Office of Federal
Procurement Policy.
Value engineering for federal agencies (sec. 4306)
The conference agreement includes a provision that would
amend the Office of Federal Procurement Policy Act by adding a
new section that would require federal agencies to establish
and maintain cost-effective value engineering procedures and
processes.
Acquisition workforce (sec. 4307)
The conference agreement includes a provision that would
establish a series of policies and procedures for the
management of the acquisition workforce in executive agencies
other than the Department of Defense. The provision would
require the head of each executive agency, after consultation
with the Administrator of the Office of Federal Procurement
Policy, to establish procedures and policies for the accession,
education, training, and career development and performance
incentives for the acquisition workforce of the agency. The
provision would place primary management authority for the
acquisition workforce under the control of the senior
procurement executive of each agency. The provision would
establish statutory standards for the executive agencies in
areas such as career development and worker qualification
requirements. The provision would also require each agency to
establish separate funding levels for acquisition workforce
education and training, and would authorize tuition
reimbursement programs for personnel serving in acquisition
positions.
Demonstration project relating to certain personnel management policies
and procedures (sec. 4308)
The conference agreement includes a provision that would
encourage the Secretary of Defense to embark on a demonstration
program, or programs, to test the feasibility and desirability
of proposals to improve personnel management policies or
procedures for the Department of Defense acquisition workforce.
The provision would modify authority under section 4703 of
title 5, United States Code, with respect to a demonstration
project carried out under this section for the three-year
period, beginning on the date of enactment of this Act.
Cooperative purchasing (sec. 4309)
The conference agreement includes a provision that would
suspend the authority of the Administrator of General Services
under section 481(b)(2) of title 40, United States Code, to
allow state and local governments to use the federal supply
schedules. The provision would suspend the authority until the
later of the period ending 18 months after the date of
enactment of this Act or the period ending 30 days after the
date after the Administrator has reviewed a General Accounting
Office report that assesses the effects of state and local
governments use of the federal supply schedules and has
submitted the report and comments on the report to Congress.
The conferees direct that the General Accounting Office include
an assessment of the impact on costs to federal agencies from
the use of federal supply schedules by state and local
governments.
Procurement notice technical amendment (sec. 4310)
The conference agreement includes a provision that would
make a clarifying amendment to section 18(c)(1)(E) to the
Office of Federal Procurement Policy Act.
Micro-purchases without competitive quotations (sec. 4311)
The conference agreement includes a provision that would
amend section 428 of title 41, United States Code, to provide
greater flexibility to executive agencies in determining who
may make purchases below $2,500 without being required to
receive competitive quotations.
Subtitle B--Technical Amendments
Amendments related to Federal Acquisition Streamlining Act of 1994
(sec. 4321)
The conference agreement includes a provision that would
make a series of technical and clarifying changes to the
Federal Acquisition Streamlining Act of 1994 (Public Law 103-
355).
Miscellaneous amendments to federal acquisition laws (sec. 4322)
The conference agreement includes a provision that would
make a series of clarifying and technical changes to
acquisition statutes throughout the United States Code.
Title XLIV--Effective Dates and Implementation
Effective date and applicability (sec. 4401)
The conference agreement includes a provision that would
provide that amendments made by this division would take effect
on the date of enactment except as otherwise provided. The
provision would provide that amendments made by this division
apply to solicitations issued, unsolicited proposals received,
any contract entered into pursuant to such a solicitation or
proposal, and ongoing contracting actions, on or after the date
30 days after final implementing regulations are published but
no later than January 1, 1997.
Implementing regulations (sec. 4402)
The conference agreement includes a provision that would
establish a regulatory implementation schedule for the
amendments within this division.
DIVISION E--INFORMATION TECHNOLOGY MANAGEMENT REFORM
legislative provisions
legislative provisions adopted
Overview
The Senate amendment contained provisions with
government-wide acquisition and management issues related to
information technology. The House bill also contained
provisions relating to bid protest jurisdictions. The conferees
considered all of these provisions before agreeing to include
Division E in the conference agreement.
The conferees agree that:
(1) federal information systems are critical to the
lives of every American;
(2) the efficiency and effectiveness of the federal
government is dependent upon the effective use of
information;
(3) the federal government annually spends billions
of dollars operating obsolete information systems;
(4) the use of obsolete information systems
severely limits the quality of the services that the
federal government provides, the efficiency of federal
government operations, and the capabilities of the
federal government to account for how taxpayer dollars
are spent;
(5) the failure to modernize federal government
information systems and the operations they support,
despite efforts to do so, has resulted in the waste of
billions of dollars that cannot be recovered;
(6) despite improvements achieved through
implementation of the Chief Financial Officers Act of
1990, most federal agencies cannot track the
expenditures of Federal dollars and, thus, expose the
taxpayers to billions of dollars in waste, fraud,
abuse, and mismanagement;
(7) poor planning and program management and an
overburdened acquisition process have resulted in the
American taxpayers not getting their money's worth from
the expenditure of $200,000,000,000 on information
systems during the decade preceding the enactment of
this Act;
(8) the federal government's investment control
processes focus too late in the system lifecycle, lack
sound capital planning, and pay inadequate attention to
business process improvement, performance measurement,
project milestones, or benchmarks against comparable
organizations;
(9) many federal agencies lack adequate personnel
with the basic skills necessary to effectively and
efficiently use information technology and other
information resources in support of agency programs and
missions;
(10) federal regulations governing information
technology acquisitions are outdated, focus on
paperwork and process rather than results, and prevent
the federal government from taking timely advantage of
the rapid advances taking place in the competitive and
fast changing global information technology industry;
(11) buying, leasing, or developing information
systems should be a top priority for federal agency
management because of the high potential for the
systems to substantially improve Federal Government
operations, including the delivery of services to the
public; and,
(12) structural changes in the federal government,
including elimination of the Brooks Act (section 111 of
the Federal Property and Administrative Services Act of
1949, as amended), are necessary in order to improve
federal information management and to facilitate
federal government acquisition of the state-of-the-art
information technology that is critical for improving
the efficiency and effectiveness of federal government
operations.
The conferees agree that action is necessary on the part
of Congress in order to:
(1) create incentives for the federal government to
strategically use information technology in order to
achieve efficient and effective operations of the
federal government, and to provide cost effective and
efficient delivery of federal government services to
the taxpayers;
(2) provide for the cost effective and timely
acquisition, management, and use of effective
information technology solutions;
(3) transform the process-oriented procurement
system of the federal government, as it relates to the
acquisition of information technology, into a results-
oriented procurement system;
(4) increase the responsibility and authority of
officials of the Office of Management and Budget and
other federal government agencies, and the
accountability of such officials to Congress and the
public, in the use of information technology and other
information resources in support of agency missions;
(5) ensure that federal government agencies are
responsible and accountable for achieving service
delivery levels and project management performance
comparable to the best in the private sector;
(6) promote the development and operation of
multiple-agency and government-wide, inter-operable,
shared information resources to support the performance
of federal government missions;
(7) reduce fraud, waste, abuse, and errors
resulting from a lack of, or poor implementation of,
federal government information systems;
(8) increase the capability of the federal
government to restructure and improve processes before
applying information technology;
(9) increase the emphasis placed by federal agency
managers on completing effective capital planning and
process improvement before applying information
technology to the executing of plans and the
performance of agency missions;
(10) coordinate, integrate, and, to the extent
practicable, establish uniform federal information
resources management policies and practices in order to
improve the productivity, efficiency, and effectiveness
of federal government programs and the delivery of
services to the public;
(11) strengthen the partnership between the federal
government and state, local, and tribal governments for
achieving federal government missions, goals, and
objectives;
(12) provide for the development of a well-trained
core of professional federal government information
resources managers; and,
(13) improve the ability of agencies to share
expertise and best practices and coordinate the
development of common application systems and
infrastructure.
The following is a section-by-section description of the
provisions adopted by the conferees. Section 5001 sets forth a
short title ``The Information Technology Management Reform Act
of 1995'' and Section 5002 sets forth definitions.
Title LI--Responsibility for Acquisition of Information Technology
Subtitle A--General Authority
Repeal of central authority of the Administrator of General Services
(sec. 5101)
The conference agreement includes a provision that would
repeal section 111 of the Federal Property and Administrative
Services Act of 1949, as amended.
Subtitle B--Director of the Office of Management and Budget
Responsibility of Director (sec. 5111)
The conference agreement includes a provision that would
require the Director of the Office of Management and Budget to
comply with this title. The conferees anticipate that these
provisions will be reviewed upon reauthorization of the
Paperwork Reduction Act prior to September 30, 2001.
The conferees agree that in undertaking activities and
issuing guidance in accordance with this subtitle, the Director
shall promote the integration of information technology
management with the broader information resource management
processes in the agencies.
The conferees encourage the establishment of interagency
groups to support the Director by examining areas of
information technology, to include: telecommunications,
software engineering, common administrative and programmatic
applications, computer security and information policy, all of
which would benefit from a government-wide or multi-agency
perspective; the promotion of cooperation among agencies in
information technology matters; the review of major or high
risk information technology acquisitions; and the promotion of
the efficient use of information technology that supports
agency missions. The interagency groups should: identify common
goals and requirements; develop a coordinated approach to
meeting certain agency requirements, such as budget estimates
and procurement programs; identify opportunities to share
information that would improve the agency performance and
reduce costs of agency programs; make recommendations regarding
protocols and other standards for information technology,
including security standards; and make recommendations
concerning interoperability among agency information systems.
The conferees also encourage the establishment of temporary
special advisory groups, composed of experts from industry,
academia, and the Federal Government, to review government-wide
information technology programs, major or high risk information
technology acquisitions, and information technology policy.
Capital planning and investment control (sec. 5112)
The conference agreement includes a provision that would
describe the Director's responsibilities under 44 USC 3504(h)
that relate to promoting and sustaining responsibility and
accountability for improvement of the acquisition, use, and
disposal of information technology by executive agencies.
The conferees agree that the Director, in developing a
process related to major agency capital investments, should:
ensure that the process identifies opportunities for
interagency cooperation; ensure the success of high risk and
high return investments; develop requirements for agency
submission of investment information needed to execute the
process; ensure that agency information resources management
plans are integrated into the agency's program plans, financial
management plans, and budgets for the acquisition and use of
information technology designed to improve agency performance
and the accomplishment of agency missions; and identify three
categories of information systems investments--(1) high risk--
those projects that, by virtue of their size, complexity, use
of innovative technology, or other factors, have an especially
high risk of failure; (2) high return--those projects that by
virtue of their total potential benefits, in proportion to
their costs, have particularly unique value to the public; and
(3) crosscutting--those projects of individual agencies, with
shared benefit to or impact on other federal agencies and state
or local governments, that require enforcement of operational
standards or elimination of redundancies. Finally, the
conferees also agree that the Director, to encourage the use of
best business and administrative practices, should identify and
collect information regarding best practices, to include
information on the development and implementation of best
practices by the executive agencies. The Director should
provide the executive agencies with information on best
practices, and advice and assistance regarding the use of best
practices.
Performance-based and results-based management (sec. 5113)
The conference agreement includes a provision that would
require the Director to encourage performance and results-based
management for agency information technology programs. The
Director is required to review agency management practices
based on the performance and results of its information
technology programs and investments. The Director is required
to issue clear and concise directions to ensure that agencies
have effective and efficient capital planning processes that
are used to select, control, and evaluate the results of major
information systems investments and to ensure that agency
information security is adequate.
The conferees agree that the Director's direction to
agencies regarding performance and results-based management of
information technology resources shall contain the following:
(1) that each executive agency and its major subcomponents
institute effective and efficient capital planning processes
for selecting, controlling, and evaluating the results of all
of its major information systems investments; (2) that the
agency maintain a current and adequate information resources
management plan, and to the maximum extent practicable,
specifically identify the method for acquisition of information
technology expected to improve agency operations, and otherwise
benefit the agency; (3) that the agency provide for adequate
integration of the agency's information resources management
plans, strategic plans prepared pursuant to 5 U.S.C. 306,
performance plans prepared pursuant to 31 U.S.C. 1115,
financial management plans prepared pursuant to 31 U.S.C.
902(a)(5), and the agency budgets for the acquisition and use
of information technology and other information resources. In
addition, the conferees agree that OMB shall provide the needed
oversight, through the budget process and other means, to
ensure that executive agencies assume responsibility, and
effectively implement suitable performance and results-based
management practices.
Subtitle C--Executive Agencies
Responsibilities (sec. 5121)
The conference agreement includes a provision that would
require the head of each executive agency to comply with this
subtitle. The conferees anticipate that these provisions will
be reviewed upon reauthorization of the Paperwork Reduction Act
prior to September 30, 2001.
The conferees encourage the establishment and support of
independent technical review committees, composed of diverse
agency personnel (including users) and outside experts selected
by the agency head, to advise an agency head about information
systems programs.
Capital planning and investment control (sec. 5122)
The conference agreement includes a provision that would
require agencies to develop a process for furthering their
responsibilities under 44 U.S.C. 3506(h). The head of the
agency is required to design and develop a process for
maximizing the value and assessing and managing the risk of the
agency's information technology acquisitions.
Performance and results-based management (sec. 5123)
The conference agreement includes a provision that would
require agencies to establish goals for and report on the
progress of improving efficiency and effectiveness of agency
operations through use of information technology, as required
by 44 U.S.C. 3506(h). The head of an executive agency must
ensure that performance measures are established to support
evaluating the results and benefits of information technology
investments.
The conferees agree that, in fulfilling the
responsibilities under this section, agency heads should ensure
that: (1) before investing in information technology to support
a function, the agency determines whether that function should
be performed in the private sector or by an agency of the
federal government; (2) the agency adequately provides for the
integration of the agency's information resources management
plans, strategic plans prepared pursuant to 5 U.S.C. 306,
performance plans prepared pursuant to 31 U.S.C. 1115,
financial management plans prepared pursuant to 31 U.S.C.
902(a)(5), and adequately prepares budgets for the acquisition
and use of information technology; (3) the agency maintains a
current and adequate information resources management plan, and
to the maximum extent practicable, specifically identifies how
acquired information technology would improve agency operations
and otherwise benefit the agency; and (4) the agency invests in
efficient and effective interagency and government-wide
information technology to improve the accomplishment of common
agency missions or functions.
Acquisitions of information technology (sec. 5124)
The conference agreement includes a provision that would
authorize the head of an executive agency to acquire
information technology and, upon approval of the Director of
OMB, enter into multi-agency information technology
investments. The conferees intend that the requirements and
limitations of the Economy Act, and other provisions of law,
apply to these multiagency acquisitions. This section also
authorizes the General Services Administration (GSA) to
continue the management of the FTS-2000 program and coordinate
the follow-on effort to FTS-2000.
Agency chief information officer (sec. 5125)
The conference agreement includes a provision that would
amend the Paperwork Reduction Act of 1995 by replacing the
``senior information resources management official position''
established within each executive agency with an agency Chief
Information Officer (CIO). The agency CIO is responsible for
providing information and advice regarding information
technology and information resources management to the head of
the agency, and for ensuring that the management and
acquisition of agency information technology is implemented
consistent with the provisions of this law.
The conferees anticipate that agencies may establish CIOs
for major subcomponents or bureaus, and expect agency CIOs will
possess knowledge of, and practical experience in, information
and information technology management practices of business or
government entities. The conferees also intend that deputy
chief information officers be appointed by agency heads that
have additional experience in business process analysis,
software and information systems development, design and
management of information technology architectures, data and
telecommunications management at government or business
entities. The conferees intend that CIOs, in agencies other
than those listed in 31 U.S.C. 901(b), perform essentially the
same duties as CIOs in agencies listed in 31 U.S.C. 901(b).
The conferees expect that an agency's CIO will meet
periodically with other appropriate agency officials to advise
and coordinate the information technology and other information
resources management activities of the various agencies.
Accountability (sec. 5126)
The conference agreement includes a provision that would
require the head of each agency, in consultation with agency
Chief Information Officers and Chief Financial Officers, to
ensure the integration of financial and information systems.
The conferees intend that the information resources management
plan, required under 44 U.S.C. 3506(b)(2), support the
performance of agency missions through the application of
information technology and other information resources, and
include the following: (1) a statement of goals to improve the
extent to which information resources contribute to program
productivity, efficiency, and effectiveness; (2) the
development of methods to measure progress toward achieving the
goals; (3) the establishment of clear roles, responsibilities,
and accountability to achieve the goals; (4) a description of
an agency's major existing and planned information technology
components (such as information systems and telecommunications
networks); (5) the relationship among the information
technology components, and the information architecture; and
(6) a summary of the project's status and any changes in name,
direction or scope, quantifiable results achieved, and current
maintenance expenditures for each ongoing or completed major
information systems investment from the previous year. The
conferees also intend that agency heads will periodically
evaluate and improve the accuracy, security, completeness, and
reliability of information maintained by or for the agency.
Significant deviations (sec. 5127)
The conference agreement includes a provision that would
require agencies to identify in their information resources
management plans any major information technology acquisition
program, or phase or increment of such program, that has
significantly deviated from the established cost, performance,
or schedule baseline.
Interagency support (sec. 5128)
The conference agreement includes a provision that would
authorize the utilization of funds for interagency activities
in support of the Information Technology Reform Act.
Subtitle D--Other Responsibilities.
Responsibilities regarding efficiency, security, and privacy of federal
computer systems (sec. 5131)
The conference agreement includes a provision that would
set forth the authority for the Secretary of Commerce, in
consultation with the National Institute of Standards and
Technology, to promulgate standards to improve the operation,
security, and privacy of Federal information technology
systems.
Sense of Congress (sec. 5132)
The conference agreement includes a provision stating
that agencies, over the next five years, should achieve a five
percent per year decrease in costs incurred for operation and
maintenance of information technology, and a five percent
increase in operational efficiency through improvements in
information resources management.
Subtitle E--National Security Systems
The conference agreement includes a provision that would
exclude national security systems from provisions of this Act,
unless otherwise provided in this Act.
Title LII--Process for Acquisitions of Information Technology
Procurement procedures (sec. 5201)
The conference agreement includes a provision that would
direct the Federal Acquisition Regulatory Council to ensure, to
the maximum extent practicable, that the information technology
process is simplified, clear, and understandable. The process
should specifically address the management of risk, incremental
acquisitions, and the need to incorporate commercial
information technology in a timely manner.
The conferees agree that, in performing oversight of
information technology acquisitions, the Director of the Office
of Management and Budget, agency heads, and agency inspectors
general should emphasize program results and established
performance measurements, rather than reviews of the
acquisition process.
Incremental acquisition of information technology (sec. 5202)
The conference agreement includes a provision that would
provide for procedures in the Federal Acquisition Regulations
for the incremental acquisition of major information technology
systems by the Department of Defense and the civilian executive
agencies.
Title LIII--Information Technology Acquisition Pilot Programs
Subtitle A--Conduct of Pilot Programs
The conference agreement includes provisions that would
authorize the Administrator of Office of Federal Procurement
Policy, in consultation with the Administrator of Office of
Information and Regulatory Affairs, to: conduct pilot programs
to test alternative acquisition approaches for information
technology; conduct no more than two pilots, not to exceed $750
million for a period not to exceed five years; require agency
heads to develop evaluation and test plans; prepare and submit
test plans to Congress prior to implementation; report on
results within 180 days after completion; and make
recommendations for legislation.
Subtitle B--Specific Pilot Programs
The conference agreement includes provisions that would
provide for two specific pilot programs, the share-in-savings
pilot program and the solutions-based contracting pilot
program.
Title LIV--Additional Information Resources Management Matters
On-line multiple award schedule contracting (sec. 5401)
The conference agreement includes a provision that would
require the Administrator of General Services to provide for
on-line access to multiple award schedules for information
technology. The system would provide basic information on
prices, features, and similar matters, allow for information
updates, enable comparison of product information, enable on-
line ordering and invoicing, permit on-line payment, and
archive order data. The provision would also authorize a pilot
program to test streamlined procedures for the automated
system. The conference agreement directs the Administrator of
General Services to incorporate its information technology
multiple award schedules into Federal Acquisition Computer
Network (FACNET) by January 1, 1998, and would make the pilot
program discretionary. The conferees agree that the procedures
established by the Administrator for use of FACNET be
consistent with the Federal Property and Administrative
Services Act requirements regarding the multiple award schedule
(41 U.S.C. 259(B)(3)). If the Administrator determines it is
not practicable to provide such access through FACNET, the
Administrator shall provide such access through another
automated system that has the capability to perform the
functions listed in subsection 259(b)(1) and meets the
requirement of subsection 259(b)(2).
Disposal of excess computer equipment (sec. 5402)
The conference agreement includes a provision that would
require agencies to inventory all agency computer equipment and
to identify excess or surplus property. The conferees direct
that the Administrator of General Services, in exercising
current authority under title II of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481 et seq.),
donate federal surplus personal property to public
organizations. The conferees direct the Administrator to
prescribe regulations that establish a priority for the
donation of surplus computer equipment in the following
sequence: (1) elementary and secondary schools, and schools
funded by the Bureau of Indian Affairs; (2) public libraries;
(3) public colleges and universities; and (4) other entities
eligible for donation of federal surplus personal property
under title II of that Act.
Access of certain information in information systems to the directory
established under section 4101 of title 44, United States Code
(sec. 5403)
The conference agreement includes a provision that would
ensure that, for agency information systems that disseminate
information to the public, an index of information is included
in the Government Printing Office (GPO) directory established
under 44 U.S.C. 4101.
In 1993, Congress directed the GPO to create an online
directory, of federal public information in electronic form
(Public Law 103-40). Today, that system is accessible to the
general public directly and through the Federal Depository
Libraries. Yet, in the two years since enactment of the GPO
access bill, technology has moved forward dramatically in its
ability to support location and search of the physically-
distributed, locally-maintained databases. Congress recognized
this shift in the Paperwork Reduction Act of 1995 (Public Law
104-13). That Act requires Federal agencies to ensure access to
agency public information by ``encouraging a diversity of
public and private sources''. It also directs the Office of
Management and Budget to establish a distributed, electronic,
agency-based Government Information Locator Service (GILS) to
identify the major information dissemination products of each
agency. As the Senate report noted (S. Rept. 104-112), GILS:
``* * * will provide multiple avenues for public access to
government information by pointing to specific agency
information holdings. To make this possible, agencies' systems
must be compatible. Thus, agency GILS information should be
available to the public through the Government Printing Office
Locator System (established pursuant to Public Law 103-40) in
addition to any other required methods, agencies may choose to
efficiently and effectively provide public and agency access to
GILS.''
Section 5403 further clarifies the intent of Congress to
ensure the widest possible access to Federal public information
through a diversity of compatible sources.
Title LV--Procurement Protest Authority of the Comptroller General
The conference agreement includes a provision that would
require the Comptroller General to issue a decision relating to
a bid protest within 100 days.
Title LVI--Conforming and Clerical Amendments
The conference agreement includes a series of clarifying
and technical changes to acquisition statutes throughout the
United States Code.
Title LVII--Effective Date, Savings Provisions, and Rule of
Construction
Effective date (sec. 5701)
The conference agreement includes a provision that would
provide for this division and the amendments made by this
division to take effect 180 days after the date of the
enactment of this Act.
Savings provisions (sec. 5702)
The conference agreement includes a provision that would
allow selected information technology actions and acquisition
proceedings, including claims or applications, that have been
initiated by, or are pending before, Administrator of the
General Services or the General Services Administration Board
of Contract Appeals to be continued under original terms, until
terminated, revoked, or superseded in accordance with law, by
the Director of OMB, by a court, or by operation of law. The
Director of OMB is authorized to establish regulations for
transferring such actions and proceedings.
From the Committee on National Security, for
consideration of the House bill (except for
sections 801-03, 811-14, 826, 828-32, 834-38,
842-43, and 850-96) and the Senate amendment
(except for sections 801-03, 815-18, 2851-57,
and 4001-4801), and modifications committed to
conference:
Floyd Spence,
Bob Stump,
Duncan Hunter,
John R. Kasich,
Herbert H. Bateman,
James V. Hansen,
Curt Weldon,
R.K. Dornan,
Joel Hefley,
Jim Saxton,
Randy Duke Cunningham,
Steve Buyer,
Peter G. Torkildsen,
Tillie Fowler,
John M. McHugh,
J.C. Watts, Jr.,
Walter B. Jones, Jr.,
Jim Longley,
G.V. Montgomery,
Ike Skelton,
Norman Sisisky,
Solomon P. Ortiz,
Owen Pickett,
John Tanner,
Glenn Browder,
Gene Taylor,
Neil Abercrombie,
From the Committee on National Security, for
consideration of sections 801-03, 811-14, 826,
828-32, 834-38, 842-43, and 850-96 of the House
bill and sections 801-03 and 815-18 of the
Senate amendment, and modifications committed
to conference:
Floyd Spence,
Bob Stump,
J.C. Watts, Jr.,
From the Committee on National Security, for
consideration of sections 2851-57 of the Senate
amendment, and modifications committed to
conference:
Floyd Spence,
Joel Hefley,
Walter B. Jones, Jr.,
G.V. Montgomery,
From the Committee on National Security, for
consideration of sections 4001-4801 of the
Senate amendment, and modifications committed
to conference:
Floyd Spence,
Bob Stump,
Peter G. Torkildsen,
J.C. Watts, Jr.,
Jim Longley,
As additional conferees from the Permanent
Select Committee on Intelligence, for
consideration of matters within the
jurisdiction of that committee under clause 2
of rule XLVIII:
Larry Combest,
Bill Young,
As additional conferees from the Committee on
Agriculture, for consideration of sections
2851-57 of the Senate amendment, and
modifications committed to conference:
Pat Roberts,
Wayne Allard,
Ray LaHood,
E de la Garza,
Tim Johnson,
As additional conferees from the Committee on
Commerce, for consideration of sections 601 and
3402-04 of the House bill and sections 323,
601, 705, 734, 2824, 2851-57, 3106-07, 3166,
and 3301-02 of the Senate amendment, and
modifications committed to conference:
Tom Bliley,
Dan Schaefer,
Provided, Mr. Oxley is appointed in lieu of Mr.
Schaefer for consideration of sections 323,
2824, and 3107 of the Senate amendment:
Michael G. Oxley,
Provided, Mr. Bilirakis is appointed in lieu of
Mr. Schaefer for consideration of section 601
of the House bill and sections 601, 705, and
734 of the Senate amendment:
Michael Bilirakis,
Provided, Mr. Hastert is appointed in lieu of
Mr. Schaefer for consideration of sections
2851-57 of the Senate amendment:
J. Dennis Hastert,
As additional conferees from the Committee on
Economic and Educational Opportunities, for
consideration of section 394 of the House bill,
and sections 387 and 2813 of the Senate
amendment, and modifications committed to
conference:
William F. Goodling,
Frank Riggs,
Bill Clay,
As additional conferees from the Committee on
Government Reform and Oversight, for
consideration of sections 332-33, and 338 of
the House bill, and sections 333 and 336-43 of
the Senate amendment, and modifications
committed to conference:
Bill Clinger,
John L. Mica,
C.F. Bass,
As additional conferees from the Committee on
Government Reform and Oversight, for
consideration of sections 801-03, 811-14, 826,
828-32, 834-40, and 842-43 of the House bill,
and sections 801-03 and 815-18 of the Senate
amendment, and modifications committed to
conference:
Bill Clinger,
Stephen Horn,
Thomas M. Davis,
As additional conferees from the Committee on
Government Reform and Oversight, for
consideration of sections 850-96 of the House
bill, and modifications committed to
conference:
Bill Clinger,
Thomas M. Davis,
As additional conferees from the Committee on
Government Reform and Oversight, for
consideration of sections 4001-4801 of the
Senate amendment, and modifications committed
to conference:
Bill Clinger,
Steven Schiff,
Bill Zeliff,
Stephen Horn,
Thomas M. Davis,
As additional conferees from the Committee on
House Oversight, for consideration of section
1077 of the Senate amendment, and modifications
committed to conference:
William M. Thomas,
Pat Roberts,
Steny Hoyer,
As additional conferees from the Committee on
International Relations, for consideration of
sections 231-32, 235, 237-38, 242, 244, 1101-
08, 1201, 1213, 1221-30, and 3131 of the House
bill and sections 231-33, 237-38, 240-41, 1012,
1041-44, 1051-64, and 1099 of the Senate
amendment, and modifications committed to
conference:
Benjamin A. Gilman,
William F. Goodling
Toby Roth,
Doug Bereuter,
Chris Smith,
As additional conferees from the Committee on
the Judiciary, for consideration of sections
831 (only as it adds a new section 27(d) to the
Office of Federal Procurement Policy Act), and
850-96 of the House bill and sections 525,
1075, and 1098 of the Senate amendment, and
modifications committed to conference:
Henry Hyde,
George W. Gekas,
As additional conferees from the Committee on
Rules, for consideration of section 3301 of the
Senate amendment, and modifications committed
to conference:
Jerry Solomon,
David Dreier,
As additional conferees from the Committee on
Science, for consideration of sections 203,
211, and 214 of the House bill and sections
220-21, 3137, 4122(a)(3), 4161, 4605, and 4607
of the Senate amendment, and modifications
committed to conference:
Robert S. Walker,
F. James Sensenbrenner, Jr.,
As additional conferees from the Committee on
Transportation and Infrastructure, for
consideration of sections 223, 322, 2824, and
2851-57 of the Senate amendment, and
modification committed to conference:
Bud Shuster,
Jerry Weller,
As additional conferees from the Committee on
Veterans' Affairs for consideration of section
2806 of the House bill and sections 644-45 and
4604 of the Senate amendment, and modification
committed to conference:
Christopher H. Smith,
Tim Hutchinson,
Joe Kennedy,
As additional conferees from the Committee on
Ways and Means, for consideration of sections
705, 734, and 1021 of the Senate amendment, and
modifications committed to conference:
Bill Archer,
William Thomas,
Pete Stark,
Managers on the Part of the House.
Strom Thurmond,
John Warner,
Bill Cohen,
John McCain,
Trent Lott,
Dan Coats,
Bob Smith,
Dirk Kempthorne,
Kay Bailey Hutchison,
Jim Inhofe,
Rick Santorum,
Sam Nunn,
Robert C. Byrd,
Chuck Robb,
Joseph Lieberman,
Managers on the Part of the Senate.
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